1064 


1918 


United  States 


Jeoartroent  of  state       j 
Secret  statutes   jf  the  United  States 
Memorandum  bv  -Javid  Hunter  liiller 


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GpNttPENIIAL 

SECRET  STATUTES  OF  THE 
UNITED  STATES 


A  MEMORANDUM 


BY 


DAVID  HUNTER  MILLER 

Specied  Assistant  in  the  Department  of  State 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


CONFIDENTIAL 

For  Official  Use  Only 

SECRET  STATUTES  OF  THE 
UNITED  STATES 


A  MEMORANDUM 


BY 


DAVID  HUNTER  MILLER 

Special  Assistant  in  the  Department  of  State 


WASHINGTON 

GOVERNMENT  PRINTING  OFFICE 

1918 


SECRET  STATUTES  OF  THE  UNITED  STATES 

AND  THE 

PROCEEDINGS  IN  THE  SENATE  IN  SECRET  SESSION 
AT  THE  THIRD  SESSION  OF  THE  ELEVENTH  CON- 
GRESS. 


It  is  well  known  that  when  acting  upon  "  Executive  business," 
that  is,  upon  treaties  and  on  nominations  to  office,  the  Senate  of 
the  United  States  usually  meets  with  closed  doors,  although  "open 
Executive  sessions,"  as  they  are  called,  may  be  held.  In  this  respect 
the  provisions  of  the  Standing  Rules  of  the  Senate  are  as  follows : 

2.  When  acting  upon  confidential  or  Executive  business,  unless  the  same  shall 
be  considered  in  open  Executive  session,  the  Senate  Chaniher  shall  be  cleared 
of  all  persons  except  the  Secretary,  the  Chief  Clerk,  the  I'rincipal  Legislative 
Clerk,  the  Executive  Clerk,  the  Minute  and  Journal  Clerk,  the  Sergeant-at- 
Arms,  the  Assistant  Doorkeeper,  and  such  other  officers  as  the  Presiding  Officer 
shall  think  necessary ;  and  all  such  officers  shall  be  sworn  to  secrecy. 

3.  All  confidential  communications  made  bj'  the  President  of  the  United  States 
to  the  Senate  shall  be  by  the  Senators  and  the  officers  of  the  Senate  kept  secret; 
and  all  treaties  which  may  be  laid  before  the  Senate,  and  all  remarks,  votes, 
and  proceedings  thereon  shall  also  be  kept  secret,  until  the  Senate  shall,  by 

lO  their  resolution,  take  off  the  injunction  of  secrecy,  or  unless  the  same  shall  be 
^^  considered  in  open  Executive  session. 

X,      (Extract  from   Standing  Rule  XXXVI,  Senate  Rules  and  Manual,   United 
\    States,  1913,  pp.  32-33.) 

I        Both  Houses  of  Congress,  however,  may  sit  with  closed  doors  for 

discussion  of  or  for  proceedings  upon  business  of  any   character, 

^  although  there  has  been  no  instance  of  this  pi'actice  for  many  years, 

Kpther  than  the  meetings  of  the  Senate,  when  acting  upon  "  Executive 

business." 

On  a   iiK^tion  made  and  hfoconded  to  close  the  doors  of  the  Senate,  on   the 
^  discussion  of  any  business  whicli   may.   in   tlie  opinion  of  a   Senator,   require 
N4  secrecy,  the  Presiding  Officer  shall  direct  the  galleries  to  be  cleared ;  and  during 
«f  the  discussion  of  such  motion  the  doors  shall  remain  closed.     (Standing  Rule 
.XXXV,  Senate  Rules  and  Manual.  United  Slates,  1913,  p.  31.) 
jS»  A  rule,  not  invoked  for  many  years,  provides  for  secret  sessions  of  the  House 
^  whenever  the  President  may  send  a  confidential  message  or  the  Speaker  or  any 
^  Member  may  announce  that  he  has  a  confidential  connnunication  to  present. 
Rule  XXX  provides : 

"  Whenever  confidential  communications  are  received  from  the  President  of 
the  United  States,  or  whenever  the  Speaker  or  any  Member  shall  inform  the 
House  that  he  has  communications  which  he  believes  ought  to  be  kept  secret 
for  the  present,  the  House  shall  be  cleared  of  all  persons  except  the  Members 
and  officers  thereof,  and  so  continue  during  the  reading  of  such  communicatigus, 
the  debates,  and  proceedings  thereon,  unless  otherwise  ordered  by  the  House." 

The  rule  providing  for  secret  sessions  of  the  House  dates  from  February  17, 
1792,  and  December  30,  1793,  although  secret  sessions  were  held  before  there 
was  any  rule  for  them.  In  the  revision  of  1880  the  old  rule  was  retained  in  an 
abbreviated  form,  as  the  Committee  on  Rules  thought  some  occasion  might 
arise  for  its  use.  ^^/l  ^0*^i 


TIC 


In  the  early  days  of  Congress  secret  sessions  of  the  House  were  frequent. 
The  sessions  of  the  old  Continental  Congress  hud  been  secret,  and  under  the  Con- 
stitution the  sessions  of  the  Senate  were  so  until  the  second  session  of  the 
Third  Con.uress.  By  special  order  the  galleries  were  thrown  open  during  the 
contested  election  case  of  A.  Gallatin,  from  Pennsylvania.  The  House,  on  the 
other  hand,  sat  regularly  with  the  galleries  open,  but  when  occasion  required, 
as  on  the  receipt  of  a  confitlential  communication  from  the  President,  the 
galleries  were  cleared  by  order  of  the  House. 

Up  to  and  during  the  war  of  1S12  secret  sessions  were  held  quite  frequently. 
Since  that  period  the  practice  had  gone  into  disuse,  although  there  was  one 
t-ecret  session  in  1825,  on  December  27  (see  House  Journal,  supplemental,  first 
session  Nineteenth  Congress;  also  Debates,  December  20,  1825,  first  session 
Nineteenth  Congress,  p.  828),  when  a  confidential  message  was  received  from 
President  John  Quincy  Adams,  who  transmitted  a  copy  of  the  message  of 
President  Jefferson  to  both  Houses  of  Congress  on  January  18,  1803.  This 
message  of  1803  reconnnended  an  exploring  expedition  across  the  continent 
to  establish  relations  with  the  Indian  tribes  and  ascertain  the  nature  and 
extent  of  the  region.  The  message  was  confidential,  and  as  the  injunction  of 
secrecy  was  for  some  reason  not  removed,  it  had  not  been  published  up  to 
J 825.  So  the  secret  .session  of  the  later  year  was  held  for  the  special  and  only 
purpose  of  removing  the  injunction  of  secrecy  from  the  message  of  1803.  This 
nies.sage  of  President  Jefferson  may  be  found  on  page  3-52  of  Volume  I  of 
Ivichard.son*s  Messages  and  Papers  of  the  Presidents.  There  was  also  a  secret 
session  on  May  27,  1S30  (first  se.ssion  Twenty-first  Congress,  Journal,  p.  755; 
Debates,  p.  1139),  to  receive  a  confidential  communication  from  President 
Jackson. 

illiiiils'  J'rcrcflcnts  <if  I  In  Jlousc  of  Representatives,  1907,  sec.  7247  and  note. 
Vol.  V.  p.  1094.) 

In  1811,  at  the  third  session  of  the  Eleventh  Congress,  two  stat- 
utes and  a  joint  resohition  in  regard  to  Florida  were  passed  at  secret 
sessions  of  the  Senate  and  of  the  House  of  Representatives,  and  these 
enactments  were  approved  by  President  James  Madison.^ 

On  January  3,  1811,  President  Madison  sent  a  "  confidential  "  mes- 
sage to  Congre.ss  transmitting  certain  papers  therein  mentioned  and 
containing  the  following: 

Taking  into  view  the  tenor  of  the.se  .several  communications,  the  posture  of 
things  with  which  they  are  connected,  the  intimate  relation  of  the  country 
adjoining  the  United  States,  eastward  of  the  river  Perdido,  to  their  security  and 
tranquillity,  and  the  peculiar  interest  they  otherwise  have  in  its  destiny,  I  rec- 
omniend  to  the  consideration  of  Congress,  the  seasonableness  of  a  declaration 
that  the  United  States  could  not  see,  without  serious  inquietude,  any  part  of  a 
neighboring  territory,  in  which  th'-y  have.  In  different  respects,  so  deep  and  so 
just  a  concern,  pass  from  the  hands  of  Spain  into  those  of  any  other  foreign 
Power. 

I  recommend  to  their  consideration,  also,  the  expediency  of  authorizing  the 
Executive  to  take  temporary  pos-session  of  any  part  or  parts  of  the  said  terri- 


>  Tho  Hfcrot  prof •»•»•(! I ngH  In  both  IfouH"s  arc  printed  In  tho  Appendix  heroto,  as  the 
Bame  arc  Hu^jsequently  reported  In  thu  Annala  of  Conijress,  vol.  22;  as  to  the  Senate, 
pp.  3ei»-380;  HH  to  the  IIouHe  of  Representativea,  pp.  480,  1117-1148. 


<..' 


tory,  in  pursuance  of  arrangements  which  may  be  desired  by  the  Spanish  authori- 
ties ;  and  for  making  provision  for  the  government  of  the  same,  during  such  pos- 
session. 

Tlie  wisdom  of  Congress  will,  at  the  same  time,  determine  how  far  it  may  be 
expedient  to  provide  for  the  event  of  a  subversion  of  the  Spanish  authorities 
within  the  territory  in  question,  and  an  apprehended  occupancy  tliereof  by  any 
other  foreign  Powir.     (  0/>.  fit.,  pp.  301),  3TU,  1117,  1251,  lL:r)2.) 

Without  quoting  at  length  from  the  accounts  of  the  subsequent 
proceedings  in  Congress,  it  may  be  said  that  not  only  were  the  debates 
and  votes  secret  in  both  Houses  of  Congress,  but  also  that  the  neces- 
sary messages  exchanged  between  the  two  Houses  and  the  notifications 
from  President  Madison  of  his  approval  of  the  resolution  and  stat- 
utes were  received  as  confidential  and  behind  closed  doors,  and  that 
the  House  of  Representatives  by  a  vote  of  51  to  40  refused  to  remove 
"the  injunction  of  secrecy."     (Op,  cit.,  p.  1146.) 

These  two  statutes  and  resolution  are  found  in  volume  3,  United 
States  Statutes  at  Large,  pages  471,  472,  and  are  preceded  by  the 
following  note  of  the  editor : 

"  The  following  resolution  and  acts,  passed  in  1811  and  1813,  were  not  promul- 
gated until  their  publication  in  "  the  sessions  acts  "  of  the  Fifteenth  Congress, 
ending  April  20,  1818.  Tliey  are  altogether  omitted  in  Mr.  Justice  Story's  edi- 
tion of  the  laws  of  the  United  States,  and  they  are  also  omitted  in  Davi.s'  and 
Force's  edition  of  the  laws,  from  1816  to  1827,  published  under  the  authority  of 
Congress,  in  1822  and  1827.  They  were  passed  in  the  secret  sessions  of  the 
Eleventh  and  the  Tw(>lfth  Congress. 

The  editor  has  not  considered  it  proper  to  insert  these  laws  in  this  edition, 
before  their  promulgation  under  the  authority  of  the  Secretary  of  State ;  under 
whose  directions  the  laws  of  each  session  of  Congress  are  published. 

Act  of  1818,  ch.  80.  .sec.  1." 

The  texts  of  the  statutes  and  resolution  are  as  follows : 

Taking  into  view  the  peculiar  situation  of  Spain,  and  of  her  American  prov- 
inces ;  and  considering  the  influence  which  the  destiny  of  the  territory  adjoining 
the  southern  border  of  the  United  States  may  have  upon  their  security,  ti*an- 
quillity,  and  conmierce :  Therefore, 

Rcaolvcd  hy  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America,  in  Congress  assembled,  That  the  United  States,  under  the  peculiar 
circumstances  of  the  existing  crisis,  cannot,  without  serious  inquietude,  see  any 
part  of  the  said  territory  pass  into  the  hands  of  any  foreign  power ;  and  that  a 
due  I'egard  to  their  own  safety  compels  them  to  provide,  under  certain  contin- 
gencies, for  the  temporary  occupation  of  the  said  territory ;  tliey,  at  tlie  same 
time,  declare  that  the  said  territory  shall,  in  their  hands,  remain  subject  to 
future  negotiation. 

Approved,  January  15,  1811. 

An  Act  to  enaile  the  President  of  the  United  Statea,  under  certain  contingencies,  to  take 
ponsession  of  the  country  lying  cast  of  the  river  Pcrdido,  and  south  of  the  state  of 
Georgia  and  the  Mississippi  territory,  and  for  other  purposes. 

Be  it  enacted  bii  the  Senate  and  House  of  h'cpresentatires  of  the  United  States 
of  America,  in  Congress  assembled,  That  the  President  of  the  United  States  be, 
and  he  is  hereby,  authorized,  to  take  possession  of,  and  occupy,  all  or  any  part 
of  the  territory  lying  east  of  the  river  Perdido,  and  south  of  the  state  of  Georgia 


6 

and  the  Mississippi  territory,  in  case  an  arraiiirenient  has  been,  or  shall  be, 
made  with  the  local  authority  of  the  said  territory,  for  delivering  up  the  pos- 
session of  the  same,  or  any  part  thereof,  to  the  United  States,  or  in  the  event 
of  an  attempt  to  occupy  the  said  territory,  or  any  part  thereof,  by  any  foreign 
government;  and  he  may,  for  the  purpose  of  taking  possession,  and  occupying 
the  territory  aforesaid,  and  in  order  to  maintain  therein  the  authority  of  the 
United  States,  employ  any  ]iart  of  the  army  and  navy  of  the  United  States 
which  lie  may  deem  necessary. 

Sec.  2.  Aud  be  it  further  enacted,  That  one  hundred  thousand  dollars  be  ap- 
propriated for  defraying  such  expenses  as  the  President  may  deem  necessary 
for  obtaining  possession  as  aforesaid,  and  the  security  of  the  said  territory,  to 
be  api)liod  under  the  direction  of  the  President,  out  of  any  moneys  in  the  treas- 
ury not  otherwise  appropriated. 

Sec.  3.  And  be  it  further  enacted.  That  in  case  possession  of  the  territory 
aforesaid  shall  be  obtained  by  the  United  States,  as  aforesaid,  that  until  other 
provision  be  made  by  Congress,  the  President  be,  and  he  is  hereby  authorized 
to  establish,  within  the  territory  aforesaid,  a  temporary  government,  and  the 
military,  civil,  and  judicial,  powers  thereof  shall  be  vested  in  such  person  and 
persons,  and  be  exercised  in  such  manner  as  he  may  direct,  for  the  protection 
and  maintenance  of  the  inhabitants  of  the  said  territory  in  the  full  enjoyment 
of  their  liberty,  property,  and  religion. 

Approved,  January  15,  1811. 

An  Act  concerning  an  act  to  enable  the  President  of  the  United  States,  under  certain 
contingencies,  to  take  possession  of  the  country  lying  east  of  the  river  Perdido,  and 
south  of  the  state  of  Georgia  and  th'e  Mississippi  territory,  and  for  other  purposes, 
and  the  declaration  accompanying  the  same. 

Be  it  enacted  bij  the  Senate  and  Ilonsc  of  Representatives  of  the  United  States 
of  America,  in  Congress  assembled.  That  this  :ict.  and  the  a<-t  passed  during  the 
present  session  of  Congress,  entitled  "An  act  to  enable  the  President  of  the 
T'nited  States,  under  certain  contingencies,  to  take  possession  of  the  comitry 
lying  east  of  the  river  Perdido,  and  south  of  the  state  of  Georgia  and  the  Mis- 
sissippi territory,  and  for  other  purposes,"  and  the  declaration  accompanying 
the  same,  be  not  printed  or  published,  until  the  end  of  the  next  session  of  Con- 
gress, unless  directed  by  the  President  of  the  United  States,  any  law  or  usage 
to  the  contrary  notwithstanding. 

Approved  March  .S.  1811. 

From  the  fore^oinir  it  appears  that  these  enactments  were  not 
pul)lislie(l  or  pronml^ated  in  due  course;  they  are  found  in  vohime 
3  of  the  Statutes  at  Large  immediately  after  the  various  acts  of  April 
20,  1818,  one  of  which  (Chapter  80)  was  entitled  "An  Act  to  provide 
for  the  publication  of  the  laws  of  the  United  States,  and  for  other 
purposes,"  and  contained  the  following: 

He  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,,  in  Congress  assembled.  That,  at  and  during  the  session  of 
each  Tongress  r)f  the  T'liiteu  States,  the  Serretaiy  foj-  the  Department  of  State 
shall  cause  the  acts  and  resolutions  passed  by  Congress  at  such  .session,  to  be 
publislied,  currently  as  they  are  enacted,  and  as  soon  as  practicable,  in  not 
more  tlian  one  newspaper  in  the  District  of  Columbia,  and  in  not  more  than 
three  newsj)apers  in  each  of  the  several  states,  and  in  not  more  than  three 
newspapers  in  esich  of  the  territories  of  the  United  States.  And  he  .shall  also 
cause  to  be  published,  in  the  like  manner,  in  the  .said  newspapers,  or  in  such  of 


theiu  as  he  shall  for  that  purpose  designate,  the  public  treAtles  entered  into  and 
ratiliod  by  the  United  States. 

ie  *  *  H:  *  *  * 

Sec.  4.  And  he  it  further  enacted,  That  the  Secretary  of  State  shall  cause  to 
be  published,  at  the  close  of  every  session  of  Congress,  und  as  soon  as  prac- 
ticable, eleven  thousand  copies'  of  the  acts  of  Congress  at  large,  including  all 
resolutions  passed  by  Congress,  amendments  to  the  constitution  ndoiitcd,  and  all 
public  treaties  made  and  ratified  since  the  then  last  publication  of  the  laws. 

(3  Statutes  at  Large,  p.  439.) 

Previous  acts  regarding  the  promulgation  and  publication  of 
statutes  of  the  United  States  had  been  less  explicit  in  their  language 
as  to  the  time  of  publication. 

Chap.  XIV.  An  Act  to  provide  for  the  snfc-keeping   of  the  Acts,  Records   and  Seal  of 
the  United  States,  and  for  other  purposes. 

Section  1.  Be  it  enaeted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Executive  depart- 
ment, denominated  the  Department  of  Foreign  Affairs,  shall  hereafter  be  de- 
nominated the  Department  of  State,  and  the  principal  officer  therein  shall 
hereafter  be  called  the  Secretary  of  State. 

Sec.  2.  And  be  it  further  enacted,  That  whenever  a  bill,  order,  resolution,  or 
vote  of  the  Senate  and  House  of  Representatives,  having  been  approved  and 
signed  by  the  President  of  the  United  States,  or  not  having  been  returned  by 
him  with  his  objections,  shall  become  a  law,  or  take  effect,  it  shall  forthwith 
thereafter  be  received  by  the  said  Secretary  from  the  President ;  and  whenever 
a  bill,  order,  resolution,  or  vote,  shall  be  returned  by  the  President  with  his 
objections,  and  shall,  on  being  reconsidered,  be  agreed  to  be  passed,  and  be 
approved  by  two-thirds  of  both  Houses  of  Congress,  and  thereby  become  a  law 
or  take  effect,  it  shall,  in  such  case,  be  received  by  the  said  Secretary  from  the 
President  of  the  Senate,  or  the  Speaker  of  the  House  of  Representatives,  in 
whichsoever  House  it  shall  last  have  been  so  approved ;  and  the  said  Secretary 
shall,  as  soon  as  conveniently  may  be,  after  he  shall  receive  the  same,  cause 
every  such  law,  order,  resolution,  and  vote,  to  be  published  in  at  least  three  of 
the  public  newspapers  printed  within  the  United  States,  and  shall  also  cause 
one  printed  copy  to  be  delivered  to  each  Senator  and  Representative  of  the 
United  States,  and  two  printed  copies  duly  authenticated  to  be  sent  to  the 
Executive  authority  of  each  State;  and  he  shall  carefully  preserve  the  originals, 
and  shall  cause  the  same  to  be  recorded  in  books  to  be  provided  for  the  purpose. 

(Act  of  Sept.  15,  1789,  1  Statutes  at  Large,  p.  08.) 

Chap.  L. — An  Act  for  the  more  general  promulgation  of  the  laios  of  the  United  States. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  E'cprcscntatircs  of  the 
United  States  of  America  in  Congress  assembled.  That,  for  the  more  general 
promulgation  of  the  laws  of  the  United  States,  the  Secretary  for  the  department 
of  Stale  shall,  after  the  end  of  the  next  session  of  Congress,  cause  to  be  printed 
and  collated  at  the  public  expense,  a  complete  edition  of  the  laws  of  the  United 
States,  comprising  the  constitution  of  the  United  States,  the  public  acts  then  in 
force,  and  the  treaties,  together  with  an  index  to  the  same. 

*  #  :»  *  41  *  * 

Sec.  3.  And  be  it  further  enacted.  That  the  acts  passed  at  each  succeeding 
session  of  Congress,  including  future  treaties,  shall  be  printed  and  distributed, 
in  like  manner  and  proportion. 

(Act  of  March  3,  1795,  1  Statutes  at  Large,  p.  443.) 


8 

Chapter  I. — An  Act  to  amend  the  act  intituled  "An  act  for  the  more  general  promulga- 
tion of  the  Laws  of  the  United  States." 

Be  it  enacted  by  the  Senate  and  Hoxine  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  Thut  the  Secretary  for  the  department 
of  State  shall  cause  to  be  included  in  the  edition  of  the  laws  of  the  United 
States,  directed  to  be  printed  by  the  said  act,  the  laws  of  the  United  States 
which  may  be  passed  during  the  present  session  of.  Congress:  Provided,  the 
same  can  be  done  at  an  expense  which  he  shall  judge  reasonable. 

(Act  of  Dec.  21,  179G,  1  Statutes  at  Large,  p.  496.) 

Chap.   XXX. — An  Act  in   addition   to   an   act   intituled  "An  act  for  the  more   general 
promulgation  of  the  Laws  of  the  United  States." 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  Secretary  of  State 
.shall,  as  soon  as  conveniently  may  be,  after  he  shall  receive  any  order,  resolu- 
tion or  law  passed  by  Congress,  cause  the  same  to  be  published  at  least  in  one 
of  the  public  newspapers  printed  within  each  state ;  and  whenever  in  any  state, 
the  aforesaid  publication  shall  be  found  not  sufficiently  extensive  for  the 
promulgation  thereof,  the  Secretary  of  State  shall  cause  such  orders,  resolutions 
and  laws  to  be  published  in  a  greater  number  of  newspapers  printed  within 
such  state,  not  exceeding  three  in  any  state. 

(Act  of  Mar,  2,  1799,  1  Statutes  at  Large,  p.  724.) 

Chap.    VI. — Ati   Act    to   authorize   the   publication    of    the    laws   of    the    United   States 
within  the  territories  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled.  That  the  Secretary  for  the  Depart- 
ment of  State  be,  and  he  is  hereby  authorized  to  cause  the  laws  of  the  United 
States,  passed,  or  to  be  passed,  during  the  present  or  any  future  session  of 
Congress,  to  be  published  in  two  of  the  public  new.spapers  within  each  and 
every  territory  of  the  United  States: — Provided,  in  his  opinion,  it  shall  become 
necessary  and  expedient. 

(Act  of  Nov.  21,  1814,  3  Statutes  at  Large,  p.  145.) 

With  the  language  of  the  foregoing  statutes  and  of  that  of  the 
act  of  April  20,  1818  (supra),  may  well  be  compared  that  of  the 
act  of  January  12,  1895. 

The  Secretary  of  State  shall  cause  to  be  edited,  printed,  published,  and  dis- 
tributed pamphlet  copies  of  the  statutes  of  the  present  and  each  future  session 
of  Congre.ss  to  the  officers  and  persons  hereinafter  provided  for;  said  distri- 
bution shall  be  made  at  the  close  of  every  session  of  Congress. 

U  tf  if  if  ip  if  * 

The  Secretary  of  State  is  authorized  to  have  printed  as  many  additional 
copies  of  the  pamphlet  laws  as  he  may  deem  needful  for  distribution  and  sale 
by  him,  at  cost  price,  not  exceeding  one  thousand  copies  of  the  laws  of  any 
one  session  in  any  one  year. 

The  Public  Printer  shall  deliver  to  the  folding  rooms  of  the  Senate  and 
House  of  Representatives  seven  thousand  copies  of  the  pamphlet  laws,  two 
thousand  copies  of  which  shall  be  for  the  Senate  and  five  thousand  copies  for 
the  House,  and  to  the  superintendent  of  documents  five  hundred  copies,  for 
distribution  to  State  and  Territorial  libraries  and  to  designated  depositories. 

After  the  close  of  ejich  Congre.ss  the  Secretary  of  State  shall  have  edited, 
printed,  and  bound  a  sufficient  number  of  the  volumes  containing  the  Statutes 


9 

at  Large  enacted  by  that  Congress  to  enable  him  to  distribute  copies,  or  as 
many  thereof  as  may  be  needed. 

The  pamphlet  copies  of  the  statutes  and  the  bound  copies  of  the  Acts  of 
each  Congress  shall  be  legal  evidence  of  the  laws  and  treaties  therein  con- 
tained in  all  the  courts  of  the  United  States  and  of  the  several  States  therein. 
The  said  pamphlet  and  the  Statutes  at  Large  shall  contain  all  laws,  joint  and 
concurrent  resolutions  passed  by  Congress,  and  also  all  conventions,  treaties, 
proclamations,  and  agreements. 

(Extriict  from  section  73  of  the  Act  of  Jan.  12,  189.5,  28  Statutes  at  Large, 
pp.  614-615.) 

The  injunction  of  secrecy  as  to  the  act  of  January  15,  1811,  had, 
however,  been  remoAed  by  resohition  of  the  House  of  Representatives 
of  July  6,  1812  (mentioning  the  act  as  "passed  January  12,  1811"), 
ilhLstrating  the  practical  necessity  of  the  continuing  consent  of  both 
Houses  of  Congress  if  secrecy  is  to  remain  effective. 

Resolved,  That  the  injunction  of  secrecy,  so  far  as  concerns  "An  act  to  en- 
able the  President  of  the  United  States,  under  certain  contingencies,  lo  take 
possession  of  the  country  lying  east  of  the  Perdido,  and  south  of  the  State  of 
Georgia  and  the  Mississippi  Tei-ritory,  and  for  otlier  purposes,"  passed  on  the 
twelfth  of  January,  one  thousand  eight  hundred  and  eleven,  and  "A  bill  au- 
thorizing the  President  to  take  possession  of  a  tract  of  country  lying  south  of 
the  Mississippi  Territory,  .-ind  of  the  State  of  Georgia,  and  for  other  purjjoses ;  " 
passed  the  twenty-fifth  of  June  last,  and  the  proceedings  thereon,  respectively, 
be  removed:  And,  also,  so  far  as  relates  to  the  following  letters:  two  from  the 
Secretary  of  State  to  General  G.  Matthews,  one  dated  the  twenty-sixth  of 
January,  one  thousand  eight  hundred  and  eleven,  and  the  other  the  fourth  of 
April,  one  tliousand  eight  hundred  and  tw'clve;  and  two  from  Mr.  Monroe  to 
General  D.  B.  Mitchell,  one  dated  the  tenth  of  April,  the  otlier  the  tw-enty- 
seventh  of  May,  one  thousand  eight  hundred  and  twelve. 

{Annals  of  Congress,  vol.  24,  p.  1694.) 

The  proceedings  at  the  second  session  of  the  Twelfth  Congress  in 
the  consideration  and  passage  of  the  act  of  February  12,  1813,^  were 
very  similar  to  those  at  the  third  session  of  the  Eleventh  Congress, 
in  1811,  heretofore  discussed.  {Annals  of  Congress^  vol.  25,  pp.  12-1- 
134, 1015, 1016,  1079.) 

That  statute  is  also  referred  to  in  the  editor's  note  on  page  471  of 
volume  3  of  the  Statutes  at  Large,  above  quoted,  and  is  found  on 
page  472  of  that  volume,  as  follows : 

An  Act  authorizing  the  President  of  the  United  i>tates  to  take  possession  of  a  tract  of 
country  lying  south  of  the  Mississippi  territory  and  west  of  the  river  Perdido. 

Be  it  enacted  by  the  Senate  and  Eouse  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled.  That  the  President  be,  and  he  is 
hereby,  authorized  to  occupy  and  hold  all  that  tract  of  country  called  West 
Florida,  which  lies  west  of  the  river  Perdido,  not  now  in  possession  of  the 
United  States. 

1  Printed  in  the  Appendix  hereto. 


10 

Sec.  2.  .•1»(7  be  it  further  enacted,  Thnt.  for  the  purpose  of  occupying  and 
holding  the  country  aforesaid,  and  of  affording  protection  to  the  inhabitants 
thereof,  under  the  authority  of  the  United  States,  the  President  may  employ 
sucli  ports  of  the  military  and  naval  force  of  the  United  States  as  he  may  deem 
necessary. 

Six.  3.  And  be  it  further  enacted,  That  for  defraying  the  necessary  expenses, 
twenty  thousand  dollars  are  hereby  appropriated,  to  be  paid  out  of  any  moneys 
in  the  treasury  not  otherwise  appropriated,  and  to  be  applied  for  the  purposes 
aforesaid,  under  the  direction  of  the  President. 

Approved,  February  12,  1813. 

The  Congresses  sitting  in  1811  and  in  1813  met  while  James  Madi- 
son was  President;  from  April  2,  1811,  until  the  close  of  Madison's 
second  term,  James  Monroe  was  Secretary  of  State,  succeeding  Madi- 
son as  President  on  March  4,  1817;  the  period  in  question  was  within 
twenty-five  y^ars  after  the  date  when  the  machinery  of  our  Govern- 
ment under  the  Constitution  was  started,  and  at  that  time  no  prac- 
tical or  legal  difficulty  was  found  in  the  way  of  the  enactment  of 
secret  statutes  of  the  United  States,  when  secrecy  was  deemed  essen- 
tial by  the  National  Legislature  and  the  Executive. 


APPEND I  X 


PROCEEDINGS  IN  THE  SENATE  IN  SECRET  SESSION 

AT   THE   THIRD    SESSld.N    OF    THE   ELEVENTH    CONGRESS 

[Annals  of  Congress,  vol.  22,  pp.  369-380.] 


Thursday,  January  3,  1811.  cj. 

The  following  confidential  Message  was  received  from  the  Presi- 
dent OF  THE  United  States,  by  Mr.  Coles,  his  Secretary : 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  communicate  to  Congress,  in  confidence,  a  letter,  of  the  2(1  of  December, 
from  Governor  Eolcb,  of  \\'est  Florida,  to  the  Secretary  of  State ;  and  another, 
of  the  same  date,  from  the  same,  to  .John  McKee. 

I  conmmnicate,  in  like  manner,  a  letter  from  the  British  Charge  d' Affaires 
to  the  Secretary  of  State,  with  the  answer  of  the  latter.  Although  the  letter 
cannot  have  been  written  in  consequence  of  any  instruction  from  the  British 
Government,  founded  on  the  late  order  for  taking  possession  of  the  portion  of 
West  Florida  well  known  to  be  claimed  by  the  United  States ;  although  no  com- 
munication has  ever  been  made  by  that  Government  to  this  of  any  stipulation 
with  Spain,  contemplating  an  interposition  which  might  so  materially  affect  the 
United  States ;  and  although  no  call  can  have  been  made  by  Spain,  in  the 
present  instance,  for  the  fulfilment  of  any  such  subsisting  engagement ;  yet 
the  spirit  and  scope  of  the  document,  with  the  accredited  source  from  which 
it  proceeds,  required  that  it  should  not  be  withheld  from  the  consideration  of 
Congress. 

Taking  into  view  the  tenor  of  these  several  communications,  the  posture  of 
things  with  wbidi  tliey  are  connected,  the  intimate  relation  of  the  country 
adjoining  the  United  States,  eastward  of  tlie  river  I'erdido,  to  their  security 
and  tranquillity,  and  the  peculiar  interest  they  otherwise  have  in  its  destiny, 
I  reconunend  to  the  consideration  of  Congress,  the  seasonableness  of  a  declara- 
tion that  the  United  States  could  not  see,  without  serious  inquietude,  any  part 
of  a  neighboring  territory,  in  which  they  have,  in  different  respects,  so  deep 
and  so  .just  a  concern,  pass  from  the  hands  of  Spain  into  those  of  any  other 
foreign  Power. 

I  recommend  to  their  consideration,  also,  tbe  expediency  of  authorizing  the 
Executive  to  take  temporary  possession  of  any  part  or  parts  of  the  said  terri- 
tory, in  pursuance  of  ari-angements  which  may  be  desired  by  the  Spanish 
authorities;  and  for  making  provision  for. the  government  of  the  same,  during 
such  possession. 

The  wisdom  of  Congress  will,  at  the  same  time,  determine  how  far  it  may  be 
expedient  to  provide  for  the  event  of  a  subversion  of  the  Spanish  authorities 
within  the  territory  in  question,  and  apprehended  occupancy  thereof  by  any 
other  foreign  Power. 

James  Madison. 

Washington,  January  S,  1811. 

11 


12 

The  Message  "was  read. 

On  motion  by  Mr.  Clay, 

Resolved^  That  the  Message  from  the  President  of  the  United 
States,  of  this  day,  which  has  been  just  read,  be  referred  to  a  com- 
mittee, with  leave  to  report  by  bill  or  otherwise. 

Mr.  Clay,  Mr.  Crawford,  Mr.  Bradley,  Mr.  Smith,  of  Maryland, 
and  Mr.  Anderson,  were  appointed  the  committee. 


Monday,  January  7. 

Mr.  Clay,  from  the  committee,  appointed  the  3d  instant,  on  the 
confidential  Message  of  the  President  of  the  United  States,  reported 
a  declaration  and  bill  to  enable  the  President  of  the  United  States  to 
take  possession  of  the  country  lying  east  of  the  Perdido,  and  south  of 
the  State  of  Georgia  and  the  Mississippi  Territory,  and  for  other 
purposes;  which  were  read,  and  passed  to  a  second  reading. 

On  motion,  by  Mr.  Anderson,  that  the  bill  be  now  read  the  second 
time;  it  was  objected  to,  as  against  the  rule. 

On  motion,  by  Mr.  Crawford,  that  the  Secretary  furnish  each  Sen- 
ator, requiring  it,  with  a  manuscript  copy  of  the  said  bill,  it  was 
determined  in  the  negative — yeas  14,  nays  16. 

******* 

Mr.  Bayard  submitted  the  following  resolution  for  consideration : 

Resolved,  That  the  Secretary  of  the  Senate  be  instructed  to  cause  to  be  printed 
one  copy  for  each  member  of  the  Senate,  of  the  bill  and  declaration  this  day 
reported  to  the  Senate  by  their  select  committee;  and  to  adopt  such  measures 
as  will  insure  the  same  I)t'ing  printed  without  danger  of  the  secret  proceedings 
of  the  Senate,  on  the  subject,  being  disclosed. 

On  the  question  to  agree  thereto,  it  was  determined  in  the  nega- 
tive— yeas  7,  nays  23. 


Tuesday,  January  8. 

Tlie  bill  to  enable  the  President  of  the  United  States  to  take  posses- 
sion of  the  country  lying  east  of  the  Perdido,  and  south  of  the  State 
of  Georgia  and  the  Mississippi  Territory,  and  for  other  purposes, 
was  read  the  second  time:  and,  on  motion  by  Mr.  Clay,  it  was  consid- 
ered! as  in  Committee  of  the  Whole. 

On  motion,  by  Mr.  Bayard,  to  amend  the  bill,  by  striking  out  of  the 
first  section  thereof  the  words,  "  In  the  event  of  such  arrangement 
for  that  purpose  as  shall  have  been  made  with  the  local  authority 


13 

which  may  then  exist;  "  and,  in  lieu  thereof,  to  insert  the  words,  "  In 
case  an  arrangement  has  been  or  shall  be  made  with  the  local  authority 
of  the  said  territory  for  delivering  up  the  possession  of  the  same  to 
the  United  States : " 

On  motion,  by  Mr.  Gilman,  a  division  of  the  question  was  called 
for ;  and  the  question  being  put  on  striking  out,  it  was  determined  in 
the  affirmative. 

The  question  w^as  then  taken  upon  inserting  the  proposed  amend- 
ment, and  determined  in  the  affirmative — yeas  20,  nays  12. 

4!  4:  :{:  ^  H:  *  Hi 

On  motion,  by  Mr.  Bayard,  further  to  amend  the  bil]|  by  striking 
out  of  the  first  section  thereof  the  words,  '■■  Or  in  the  event  of  an 
attempt  to  occupy  the  said  territory  by  any  foreign  Government," 
it  was  determined  in  the  negative — yeas  11,  nays  20. 

^  :;:  ^  :;:  ^  =j=  ^ 

On  motion,  by  Mr.  Bayard,  it  was  agreed  to  amend  the  fourth  sec- 
tion of  the  bill,  by  inserting,  after  the  word  "  enacted,"  the  words, 
"  That  in  case  possession  of  the  territory  aforesaid  shall  be  obtained 
by  the  United  States,  as  aforesaid." 


Wednesdat,  January  9. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  bill  to 
enable  the  President  of  the  United  States  to  take  possession  of  the 
territory  lying  east  of  the  Perdido,  and  south  of  the  State  of  Georgia 
and  the  Mississippi  Territory,  and  for  other  purposes. 

Mr.  Lloyd  presented  the  oaths,  or  affidavits,  subscribed  and  sworn 
to  by  Samuel  Turner,  jun.,  John  G.  McDonald,  and  Lewis  H.  ISIachen, 
for  the  faithful  discharge  of  their  respective  duties  as  clerks  in  the 
office  of  the  Secretary  of  the  Senate  of  the  United  States;  which  were 
read,  as  follows : 

I,  Samuel  Turner,  jun.,  do  solemnly  swear,  that  I  will,  with  fidelity,  and  to 
the  hest  of  my  ability,  perform  the  duties  that  may  be  assigned  to  me  as  a 
clerk  in  the  office  of  the  Secretary  of  the  Senate  of  the  United  States;  and 
that  I  will,  faithfully  and  inviolably,  keep  secret  all  the  confidential  business 
of  the  Senate  until  I  may  be  specially  absolved  therefrom. 

Samuel  Turner,  Jr. 

District  of  Colujibia, 

County  of  WasJiington. 

On  the  9th  day  of  January,  1811,  Samuel  Turner  came  before  the  subscriber, 
one  of  the  United  States'  justices  of  the  peace  for  the  county,  and  made  oath 
to  the  truth  of  the  above  statement. 

John    Ott. 


14 

I.  John  G.  McIVniahl,  do  solemnly  s\ve;ir,  that  I  Avill,  with  fidelity,  and  to  the 
best  of  uiy  ability,  jierfonn  the  duties  tliat  may  be  assl,;^ned  to  me  as  a  clerk  in 
the  office  of  the  Secretary  of  the  Senate  of  the  United  States;  and  that  I  will, 
faithfi'.lly  and  inviolably,  keep  secret  all  the  confidential  business  of  the  Senate, 
until  I  may  be  specially  absolved  therefrom. 

John  G.  McDonald. 
Sworn  to  and  subscribed  before  me,  this  9tb  day  of  January,  1811. 

Samuel  N.  Smallwood. 

I,  Lewis  H.  Machen,  do  solemnly  swear,  Ihat  I  will,  with  fidelity,  and  to  the 
best  of  my  ability,  perfonn  the  duties  that  may  be  assigned  to  me  as  a  clerk 
in  the  ofhce  of  the  Secretary  of  the  Senate;  and  that  I  will,  faithfully  and  in- 
violably, keep  secret  all  the  confidential  business  of  the  Senate,  until  I  may 
be  specially  absolved  therefrom. 

Lewis  H.  Machen. 

Sworn  to  and  subscribed  before  me,  this  9th  day  of  January,  1811. 

Saml.  N.  Smallwood,  J.  P. 

Whereupon,  on  motion  h\  Mr.  Lloyd, 

Resolved^  That  the  Secretary  of  the  Senate  be  authorized  to  em- 
ploy the  clerks  in  his  office,  who  have  subscribed  and  taken  the  oath, 
the  form  of  which  has  been  read  to  the  Senate,  in  transcribing  or 
otherwise  arranging  the  business  confidentially  communicated  to  the 
Senate. 

On  motion,  b}^  Mr.  Clay,  it  was  agreed  to  amend  the  first  section 
of  the  bill,  by  inserting  the  words,  "  or  any  part  thereof,"  between 
the  words  "  same  "  and  "  to." 

On  motion,  by  Mr.  Clay,  it  was  agreed  to  amend  the  bill,  by  strik- 
ing out  all  the  words,  in  the  second  section,  preceding  the  words, 
"  and  he  may  for,  &c. ;  "  also,  by  striking  out  of  the  same  section  the 
words,  "  of  the  said  detachment,  and." 

On  motion,  by  Mr.  Clay,  it  was  agreed  further  to  amend  the  bill, 
by  striking  out  of  the  third  section  the  words,  "  for  paying  and  sub- 
sisting such  part  of  the  detachment  as  may  be  required  for  actual 
service,  and;"  also  the  word  "other,"  between  the  words  "such" 
and  "expenses;"  also,  by  inserting  after  the  words  "necessary  for." 
the  words,  "  obtaining  possession  as  aforesaid,  and :  "  and.  also,  by 
striking  out  the  words,  "  and  the  Territories  of  the  United  States." 

On  motion,  by  Mr.  Clay,  it  was  agreed  further  to  amend  the  bill, 
by  adding  to  the  first  section  the  remainder  of  the  original  second 
section :  and  by  adopting  the  original  third  and  fourth  sections,  as 
the  second  and  third  sections  of  the  bill;  and  having  gone  through 
the  amendments,  the  President  reported  the  bill  to  the  House  ac- 
cordingly. 

On  motion,  by  Mr.  Franklin,  further  to  amend  the  bill,  by  strik- 
ing out  of  the  first  section  the  w^ords,  "  or  in  the  event  of  the  attempt 
to  occupy  the  said  territory,  or  any  part  thereof,  by  any  foreign 
Government,"  it  was  determined  in  the  negative— yeas  10.  nays  19. 
«♦****♦ 


15 

On  the  question,  "  Shall  thi.s  bill  be  engrossed  and  read  a  third 
time,  as  amended?  "  it  was  determined  in  the  allirmative. 

On  motion,  b}'  Mr.  Ciiamplin,  that  the  injunction  of  secrecy  re- 
specting the  bill  be  taken  off,  and  that  the  further  discussion  thereof 
be  with  open  doors,  it  was  determined  in  the  negative — yeas  (>, 
nays  24. 

^  !f!  ^  H*  V  •!"  V 

Mr.  Anderson  submitted  the  following  motion : 

Resolved,  That  the  subject-matter  of  the  bill,  entitled  "An  act  to  enable  the 
President  of  the  United  States  to  take  possession  of  the  country  lying  east  of 
the  Perdido,  and  south  of  the  State  of  Georgia  and  the  Mississippi  Territory, 
and  for  other  purposes,"  be  kept  inviolably  secret  by  the  members  of  the 
Senate,  until  the  Senate  shall,  by  their  resolution,  take  off  the  injunction  of 
secrecy. 

Which  was  read;  and  on  the  question  to  agree  thereto,  it  was  de- 
termined in  the  affirmative — 3'eas  20,  nays  6. 

******* 

Mr.  CuTTS,  from  the  committee,  reported  the  bill  last  mentioned, 
correctly  engrossed. 

A  confidential  message  was  received  from  the  House  of  Represen- 
tatives, by  Mr.  Montgomery  and  Mr.  Cutts,  two  members  of  that 
body,  with  the  following  resolution,  in  which  they  ask  the  concur- 
rence of  the  Senate: 

Congress  of  the  United  States, 
In  House  of  Representatives,  Jan.  8,  1811. 

Taking  into  view  the  present  state  of  the  world,  the  peculiar  situation  of 
Spain  and  of  the  American  provinces,  and  the  intimate  relation  of  the  terri- 
tory eastward  of  the  river  Perdido,  adjoining  the  United  States,  to  their  se- 
curity and  tranquility :  Therefore, 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  Ameriea  in  Congress  assembled,  That  the  United  States  cannot  see,  with 
indifference,  any  part  of  the  Spanish  provinces,  adjoining  the  said  States,  east- 
ward of  the  river  Perdido,  pass  from  the  hands  of  Spain  into  those  of  any 
other  foreign  Power. 

The  resolution  was  read,  and  passed  to  a  second  reading. 


Thursday,  January  10. 

The  bill  to  enable  the  President  of  the  United  States  to  take  pos- 
session of  the  country  lying  east  of  the  Perdido,  and  south  of  the 
State  of  Georgia  and  the  Mississippi  Territory,  and  for  other  pur- 
poses, was  read  the  third  time;  and,  on  motion  by  Mr.  Clay,  to  fill  the 
blank  with  the  words  "one  hundred  thousand  dollars;  " 

On  the  question  to  agree  thereto,  the  Senate  being  equally  divided, 
the  President  determined  the  question  in  the  affirmative. 


16 

On  the  question,  "  Shall  this  bill  pass,  as  amended  ?  "  it  was  de- 
termined  in  the  affirmative — yeas  23,  nays  7. 

******* 

On  motion,  by  Mr.  Clay,  it  was  agreed  to  amend  the  title  of  the 
bill,  by  inserting  the  word  "  river,"  before  the  word  "  Perdido ;"  and 
after  the  word  "  States,"  by  inserting  the  words  "under  certain  con- 
tingencies." 

So  it  was  Resolved,  That  this  bill  do  pass,  and  that  the  title  thereof 
be  "An  act  to  enable  the  President  of  the  United  States,  under  cer- 
tain contingencies,  to  take  possession  of  the  country  lying  east  of 
the  river  Perdido,  and  south  of  the  State  of  Georgia  and  the  Mis- 
sissippi Territory,  and  for  other  purposes." 

On  motion,  by  Mr.  Clay, 

Resolved,  That  a  committee  of  two  be  appointed  to  carry  the  said 
bill  to  the  House  of  Representatives,  and  ask  their  concurrence 
therein. 

Ordered,  That  Mr.  Clay  and  Mr.  Bayard  be  the  committee. 
.  Mr.  Clay  reported  that  the  committee  had  performed  the  service 
assigned  them. 

The  following  confidential  Message  was  received  from  the  Presi- 
dent or  THE  United  States  by  Mr.  Coles,  his  Secretary : 

To  the  Senate  and  House  of  Representatives  of  the  United  States: 

I  coiuniuiiicate  to  Congress,  in  confidence,  the  translation  of  a  letter  from 
Louis  tie  Onis  to  the  Captain  General  of  Caraccas. 

The  tendency  of  misrepresentations  and  suggestions,  which,  it  may  be  inferred 
from  this  specimen,  enter  into  more  important  correspondences  of  the  writer, 
to  promote,  in  foreign  councils,  at  a  critical  period,  views  adverse  to  the  peace 
and  to  the  best  interests  of  our  country,  renders  the  contents  of  the  letter  of 
sufficient  moment  to  be  made  known  to  the  Legislature. 

James  Madison. 
January  10.  1811. 

The  Message  and  letter  therein  referred  to,  were  read,  and  referred 
to  a  select  committee,  to  consider  and  report  thereon. 

Ordered,  That  Mr.  Bayard,  Mr.  Crawford,  and  Mr.  Clay,  be  the 
committee. 

The  resolution  yesterday  received,  confidentially,  by  message,  from 
the  Hou.se  of  Representatives,  was  read  the  second  time;  and,  on 
motion  by  Mr.  Crawford,  it  was  referred  to  a  select  committee,  to 
consider  and  report  thereon;  and  Mr.  Anderson,  Mr.  Crawford, 
Mr.  Clay,  Mr.  Bradley,  and  Mr.  Smith,  of  Maryland,  were  ap- 
pointed the  committee. 

Mr.  CiiAMPLiN  submitted  the  following  motion  for  consideration: 

Resolved,  That  the  President  of  the  United  States  be  requested  to  cause  to 
be  laid  before  the  Senate  such  communications  as  may  have  been  made  to  him 
by  Louis  de  Onis,  in  relation  to  his  having  been  appointed  a  special  Minister  to 
the  United  States  by  the  Supreme  Central  Junta  of  Spain. 


17 

Fkiday,  January  11. 

The  resolution  submitted  yesterday  by  Mr.  Ciiamplix,  was  re- 
sumed; and,  on  his  motion,  it  was  agreed  to  amend  the  resolution,  as 
follows : 

li'c.solvcd,  Thill  the  Presldpiit  of  the  United  States  be  requested  to  cause  to 
be  laid  before  the  Senate  sucli  cominunicatiuns  as  may  hnve  been  made  to  him 
by  Louis  de  Onis,  in  relation  to  his  having  been  appointed  a  special  Minister 
to  the  United  States  by  the  Supreme  Central  .Junta  of  Spain;  and,  also,  in  re- 
gard to  the  particular  object  <»f  his  appointment. 

On  the  question  to  agree  thereto,  it  was  determined  in  the  nega- 
tive— yeas  9,  nays  18. 

*  *  *  *  if  *  * 

Mr.  Anderson,  from  the  committee  appointed  on  the  subject,  re- 
ported the  confidential  resolution  from  the  House  of  Representatives, 
with  the  following  amendment: 

Strike  out  all  the  words  after  the  word  "  the,"  first  mentioned  in  the  first 
line  of  the  resolution,  to  the  end  thereof,  and  in  lieu  thereof,  insert  "  peculiar 
situation  of  Spain  and  of  her  American  provinces;  and  considering  the  intluence 
which  the  destiny  of  the  territory  adjoining  the  southern  border  of  the  United 
States  may  have  upon  their  security,  tranquillity,  and  commerce:  Therefore, 

Resolved,  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  assembled,  That  the  United  States,  under  the  peculiar 
circumstances  of  the  existing  crisis,  cannot,  without  serious  inquietude,  see 
any  part  of  the  said  territory  pass  into  the  hands  of  any  foreign  Power;  and 
that  a  due  regard  to  their  own  safety  compels  them  to  provide,  under  certain 
contingencies,  for  the  temporary  occupation  of  the  said  territory;  they  at  the 
same  time,  declare  that  the  said  territory  shall,  in  their  hands,  remain  subject 
to  a  future  negotiation." 

Which  report  was  read,  and  considered  as  in  Committee  of  the 
Whole;  and,  on  motion  to  adopt  the  report,  a  division  of  the  ques- 
tion was  called  for  by  Mr.  Dana,  and  the  question  to  strike  out  was 
agreed  to,  and  the  amendment  was  adopted;  and  the  President  re- 
ported the  resolution  to  the  House  accordingly. 

Ordered^  That  the  resolution  pass  to  the  third  reading,  as  amended. 


Saturday,  January  12. 

Mr.  CuTTS,  from  the  committee,  reported  the  amendment  to  the 
confidential  resolution  from  the  House  of  Representatives,  correctly 
engrossed;  and  the  resolution  was  read  the  third  time,  as  amended. 

On  the  question,  "Shall  this  resolution  pass,  as  amended?"  it 

was  determined  in  the  affirmative — yeas  23,  nays  6. 

*  *  .      *  *  *  *  * 

85080—18 2 


18 

On  motion,  by  Mr.  Worthington, 

Resolved,  That  a  committee  of  two  be  appointed  to  carry  the  said 
resohition  and  amendment  to  the  House  of  Representatives,  and 
ask  their  concurrence  therein. 

Ordered,  That  Mr.  Clay  and  Mr.  Pickering  be  the  committee. 


Monday,  January  14. 

Mr.  Clay,  from  the  committee,  reported  that  they  had  performed 
the  duties  assigned  them  on  Saturday  last. 

The  following  confidential  message  was  received  from  the  House 
of  Representatives,  by  Mr.  Montgomery  and  Mr.  Miller,  two  mem- 
bers of  that  body: 

Mr.  President  :  The  House  of  Representatives  agree  to  the  amendmeut  of  the 
Senate,  to  the  resolution  making  a  declaration  with  respect  to  our  Southern 
frontier. 

They  concur  in  the  bill,  entitled  "An  act  to  enable  the  President  of  the  United 
States,  under  certain  contingencies,  to  take  possession  of  the  country  lying 
east  of  the  river  Perdido,  and  south  of  the  State  of  Geox-gia  and  the  Mississippi 
Territory,   and   for   other  purposes." 

Mr.  CuTTS,  from  the  committee,  reported  that  they  this  day  ex- 
amined, and  found  duly  enrolled,  the  bill  and  resolution  last  men- 
tioned. 


Tuesday,  January  15. 

The  following  confidential  message  was  received  from  the  House 
of  Representatives,  by  Mr.  Montgomery  and  Mr.  Miller,  two  mem- 
bers of  that  body: 

Mr.  President:  The  Speaker  of  the  House  of  Representatives 
having  signed  an  enrolled  bill,  and  an  enrolled  resolution,  we  are 
directed  to  bring  them  to  the  Senate  for  the  signature  of  their  Presi- 
dent. 

The  President  signed  the  enrolled  bill  and  resolution  last  reported 
to  have  been  examined ;  and  they  were  delivered  to  the  committee,  to 
be  laid  before  the  President  of  the  United  States. 


Friday,  January  18. 

Mr.  Cutts,  from  the  committee,  reported  that  they  did,  on  the 
15th  instant,  lay  before  the  President  of  the  United  States  the  en- 
rolled bill,  entitled  "An  act  to  enable  the  President  of  the  United 
States,  under  certain  contingencies,  to  take  possession  of  the  country 


19 

lying  cast  of  the  river  Perdido,  and  south  of  the  State  of  Georgia 
and  the  Mississippi  Territory,  and  for  otlier  purposes";  also,  the 
resolution  making  a  declaration  with  respect  to  our  Southern  fron- 
tier. 

The  following  confidential  message  was  received  from  the  House 
of  Ilepresentatives,  by  Mr.  Montgomery  and  Mr.  Gray,  two  members 
of  that  body : 

Mr.  President:  The  President  of  the  United  States  hath  notified 
the  House  of  Representatives  that  he  did,  on  the  15th  instant,  ap- 
prove and  sign  the  enrolled  resolution,  making  a  declaration  with 
respect  to  our  Southern  frontier. 

The  following  confidential  Message  was  received  from  the  Presi- 
dent OF  THE  United  States: 

Mr.  President  :  The  President  of  the  United  States  did,  on  the  15th  instant, 
approve  and  sign  "An  act  to  enable  tlie  President  of  tlie  United  States,  under 
certain  contingencies,  to  talie  possession  of  tlie  country  lying  east  of  the  river 
Perdido,  and  south  of  the  State  of  Georgia  and  tlie  Mississippi  Territory,  and 
for  other  purposes." 

Ordered^  That  the  Secretary  communicate  the  same  to  the  House  of 
Kepresentatives,  confidentially. 


Sunday,  March  3. 


Mr.  Clay  submitted  the  following  motion  for  consideration: 
Resolved,  by  the  Senate  and  Hwihse  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  the  act,  passed  during  the  present 
session  of  Congress,  entitled  "An  act  to  enable  the  President  of  the  United 
States,  under  certain  contingencies,  to  take  possession  of  the  country  lying 
east  oL'  the  river  Perdido,  find  south  of  the  State  of  Georgia  and  the  Jlississippi 
Territory,  and  for  other  purposes ;  "  and  the  declaration  accompanying  the 
same,  be  not  printed  or  published,  unless  directed  by  the  President  of  the 
United  States,  any  law  or  usage  to  the  contrary  notwithstanding. 

On  motion,  by  Mr.  Clay,  the  resolution  was  twice  read,  by  unani- 
mous consent. 

On  the  question,  '•  Shall  this  resolution  be  engrossed  and  read  a 
third  time?  "  it  was  determined  in  the  affirmative. 

Mr.  CuTTs,  from  the  committee,  reported  the  resolution  last  men- 
tioned, correctl}^  engrossed;  and  the  resolution  was  read  the  third 
time,  by  unanimous  consent;  and 

liesolved,  That  this  resolution  do  pass. 

On  motion,  by  Mr.  Turner, 

Resolved,  That  a  committee  of  two  be  appointed  to  carry  the  said 
resolution  to  the  House  of  Representatives,  and  ask  their  concurrence 
therein. 

Ordered.  That  Mr.  Turner  and  Mr.  Smith,  of  Maryland,  be  the 
committee. 


20 

Mr.  TuRNEK,  from  the  committee,  reported  that  they  had  per- 
formed the  duty  assio^ied  them. 

A  confidential  message  was  received  from  the  House  of  Eepre- 
sentatives,  by  JSIr.  Mo>;TCiOMERY  and  JSIr.  Moore,  two  members  of  that 
body,  as  follows : 

Mv.  President  :  The  House  of  Representatives  have  passed  the 
confidential  resolution  sent,  from  the  Senate,  with  amendments,  in 
which  they  ask  the  concurrence  of  the  Senate. 

The  Senate  proceeded  to  consider  the  amendments  of  the  House 
of  Iveprescntatives  to  the  said  resolution.    And 

Resolved,  That  they  do  concur  therein. 

On  motion,  by  Mr.  Gaillard, 

Resolved,  That  a  committee  of  two  be  appointed  to  inform  the 
House  of  Representatives  that  the  Senate  have  concurred  in  the  said 
amendments. 

Ordered,  That  Mr.  Worthington  and  Mr.  Bayard  be  the  com- 
mittee. 

Mr.  Bayard,  from  the  committee,  reported  that  they  had  per- 
formed the  duty  assigned  them. 

Mr.  CuTTS,  from  the  committee,  reported  that  they  had  examined, 
and  found  duly  enrolled,  the  bill,  entitled  "An  act  concerning  the  act 
to  enable  the  President  of  the  United  States,  under  certain  contin- 
gencies, to  take  possession  of  the  country  lying  east  of  the  river 
Perdido,  and  south  of  the  State  of  Georgia  and  the  Mississippi  Ter- 
ritory, and  for  other  purposes,  and  the  declaration  accompanying 
the  same." 

A  confidential  message  was  received  from  the  House  of  Repre- 
sentatives, by  Mr.  Montgomery  and  Mr.  Moore,  two  members  of 
that  body : 

Mr.  1*resident:  The  Speaker  of  the  House  of  Representatives  liav- 
ing  signed  an  enrolled  bill,  we  are  directed  to  bring  it  to  the  Senate 
for  the  signature  of  their  President. 

Hie  President  signed  the  enrolled  bill,  last  reported  to  have  been 
examined,  and  it  was  delivered  to  the  committee,  to  be  laid  before 
the  President  of  the  United  States. 

Mr.  CuTTS,  from  the  committee,  reported  that  they  this  day  laid 
before  the  President  of  the  United  States  the  enrolled  confidential 
bill  last  mentioned. 

A  confidential  Message  was  received  from  the  President  of  the 
United  States,  as  follows : 

Mr.  President:  The  President  of  the  United  States  this  day  approved  and 
signed  the  confidential  hill,  entitled  "An  act  concerning  an  act  to  enable  the 
President  of  the  United  States,  under  certain  contingencies,  to  take  possession 
of  the  country  lying  oast  of  the  river  Perdido,   and   south  of  the   State  of 


21 

Georgia  and  the  Mississippi  Territory,  and  for  otlier  puip<is("<,  and  llie  declara- 
tion accompanying  the  same," 

Ordered^  That  Mr.  Cutts  and  Mr.  Campuell  be  a  committee  to 
notify  the  House  of  Representatives  thereof. 


SUPPLEMENTAL   .lOUKNAL 

OF  SUCH  PHOCKKUlMiS  Ol'  THK  TillUU  SESSION  OF  THE  KLEVENT1{  CONCiKESS,  AS,  DUK- 
INQ  THE  TIME  THEY  WERE  DEPENDING,  WERE  ORDERKl)  TO  RE  KEPT  SECRET,  AND 
RESPECTING  WHICH  THE  IN.) UNCTION  OK  SECRECY  WAS  AFTERWARDS  REMOVED  BY 
ORDER  OK  'I'HK  HOUSE. 

[Annals  of  Congress,   vol.   22,   pp.    1117-1148.1 


TiiunsDAY,  January  3,  1811. 

A  confidential  Message  was  recei\ed  from  the  President  of  tlie 
United  States;  when  the  House  was  cleared  of  all  persons  except  the 
members  and  the  Clerk,  and  the  said  Message  was  read,  and  referred 
to  a  select  committee,  composed  of  Mr.  ^Montgomery,  Mr.  Cutts,  Mr. 
W.  Alston,  Mr.  P.  B.  Porter,  Mr.  Gray,  Mr.  Haven,  Mr.  Hunt- 
ington, Mr.  Miller,  and  Mr.  Barry,  to  consider  and  report  thereon. 


Saturday,  January  5. 

The  House  being  cleared  of  all  persons  except  the  members  and 
Clerk,  on  a  motion  made,  and  leave  given  by  the  House,  Mr.  Mont- 
gomery, from  the  committee  appointed,  on  the  third  instant,  on  the 
confidential  Message  of  the  President  of  the  United  States,  presented 
a  bill  authorizing  the  President  of  the  United  States  to  occupy  the 
territory  therein  mentioned,  and  for  other  purposes;  which  was  read 
the  first  and  second  time. 

A  motion  was  then  made  by  Mr.  Burwell,  that  it  be  the  order  for 
Monday  next;  and  the  question  being  tnken  thereon,  it  was  resolved 
in  the  affirmative — yeas  80,  nays  27. 

******* 

Mr.  Montgomery,  from  the  same  committee,  also  reported  a  joint 
resolution,  which  is  in  the  following  words,  to  wit: 

Talving  into  view  tlie  present  state  of  the  world,  the  peculiar  situation  of 
Spain,  and  of  her  American  Provinces  :  tlio  acl^nowledjied  claim  of  the  Uniteil 
States  on  that  country,  for  indenmifications  of  great  magnitude,  and  tlie  inti- 
mate relation  of  the  territory  eastward  of  the  river  Perdido,  adjoining  the 
said  States,  to  their  security,  and  tranquillity ;  Therefore. 


22 

Rcnolved,  by  the  Senate  and  House  of  Representatives  of  the  United  States  of 
America  in  Congress  asse)nbled.  That  the  United  States  can  not  see,  with  in. 
iliftVrence,  any  pari  of  the  Spanish  I'rcninces  adjoining  tlie  said  States  east- 
ward of  the  river  Perdido,  pass  from  the  hands  of  Spain  into  those  of  any 
other  foreign  Power. 

Which  was  received  and  read  the  first  time;  and,  on  motion,  the 
&aid  resohition  was  read  the  second  time. 

A  motion  was  made  by  Mr.  Stanley,  that  it  be  referred  to  the 
Committee  of  the  whole  Houso  to  whom  was  referred,  this  day,  the 
bill  aiithoriziiisf  the  President  of  the  United  States  to  occupy  the 
territory  therein  mentioned,  and  for  other  purposes;  and  the  ques- 
tion being  taken  thereon,  it  was  determined  in  the  negative. 

A  motion  was  then  made  by  Mr.  W.  Alston,  that  it  be  referred  to 
rt  Comndttee  of  the  AVhole,  to-day;  and  the  question  being  taken 
thereon,  it  was  resolved  in  the  affirmative. 

The  House  resolved  itself  into  a  Committee  of  the  whole  House 
on  tlie  said  resolution ;  and,  after  some  time  spent  therein,  the  Com- 
mittee rose  reported  progress  and  had  leave  to  sit  again. 


Monday,  January  7. 

The  House  being  cleared  of  all  persons  except  the  members  and 
the  Clerk,  the  House  resolved  itself  into  a  Committee  of  the  Whole 
on  the  joint  resolution  reported  by  the  select  committee  appointed 
on  the  confidential  Message  of  the  President  of  the  United  States  of 
the  third  instant;  and,  after  some  time  spent  therein,  the  Committee 
rose  and  reported  an  amendment  thereto;  which  w^as  read:  and  on 
the  question  that  the  House  do  now  concur  in  the  report  of  the  Com- 
mittee of  the  whole  House,  a  motion  Avas  made  by  Mr.  Quincy,  that 
the  said  report  and  resolution  do  lie  on  the  table;  and  the  question 
being  taken  thereon,  it  was  determined  in  the  negative. 

A  motion  was  then  made  by  Mr.  Stanfoim),  to  amend  the  resolu- 
tion by  striking  out  the  preamble  thereto,  which  is,  as  amended  by 
the  Committee  of  the  whole  House,  in  the  following  words,  to  wit: 
"Taking  into  view  the  present  state  of  the  world,  the  peculiar  situa- 
tion of  Spain  and  of  her  American  Provinces,  and  the  intimate  re- 
lation of  the  territory  eastward  of  the  river  Perdido,  adjoining  the 
said  States,  to  their  security  and  tranquillity." 

And  debate  arising  thereon,  an  adjournment  was  called  for,  and 
carried. 


Tuesday,  January  8. 

The  House  resumed  the  consideration  of  the  unfinished  business  of 
yesterday,  which  w^as  depending  and  undetermined  at  the  time  of 


23 

adjournment.  The  question  being  again  stated  from  the  Chair  on 
striking  out  the  preamble  to  the  resolution  reported  by  the  Committee 
of  the  whole  House,  a  division  of  the  same  was  called  for;  and  the 
question  being  taken  on  striking  out,  it  was  determined  in  the  nega- 
tive— yeas  41,  nays  65. 

*  til  *  *  *  *  * 

The  question  then  recurred  on  concurring  in  the  amendment  re- 
ported by  the  Committee  of  the  whole  House,  proposing  to  strike 
out  of  the  preamble  the  following :  "  the  acknowledged  claim  of  the 
United  States  on  that  country  for  indemnifications  of  great  magni- 
tude." And  the  question  being  taken  thereon,  it  was  resolved  in  the 
affirmative — yeas  89,  nays  21. 

Pending  the  question,  "  Shall  the  resolution  be  engrossed  for  a 
third  reading?"  a  motion  was  made  by  Mr.  Quincy,  to  amend  the 
resolution,  by  striking  out  the  words  "  with  indifference,"  for  the 
purpose  of  inserting  the  words  "  without  serious  inquietude ; "  and 
the  question  being  taken  thereon,  it  was  determined  in  the  negative. 

A  motion  was  made  by  Mr.  Bacon,  to  amend  the  preamble  to  the 
said  resolution,  by  striking  out  the  word  "  said,"  for  the  purpose  of 
inserting  the  word  "  United ;  "  and  the  question  being  taken  thereon, 
it  was  resolved  in  the  affirmative. 

A  motion  was  made  by  Mr.  Wright,  to  amend  the  resolution,  by 
adding  the  following  to  the  end  thereof : 

Resolved,  That  the  President  be  requested  to  make  such  arrangements  for  the 
temporary  possession  of  any  part  of  Florida  east  of  tlie  Perdido,  with  the 
Spanish  authorities,  that  he  may  think  necessary  for  that  purpose. 

And  the  question  being  taken  thereon,  it  was  determined  in  the 
negative. 

A  motion  was  then  made  by  Mr.  Stanford,  to  amend  the  resolution, 
by  adding  the  following  words  to  the  end  thereof:  "And  that  the 
President  of  the  United  States,  in  pursuance  of  arrangements  which 
may  be  desired  by  the  Spanish  authorities,  be  authorized  to  take 
temporary  possession  of  any  part  or  parts  of  the  said  Territory." 

A  question  of  order  being  made,  whether  the  motion  of  the  gentle- 
man from  North  Carolina,  Mr.  Stanford,  was  in  order,  as  it  appar- 
ently contained  the  principles  embraced  by  the  amendment  proposed 
by  the  gentleman  from  Maryland,  Mr.  Wright,  the  Speaker  decided 
that  it  was  not  in  order. 

A  motion  was  then  made  by  Mr.  Macon,  that  the  said  resolution  do 
lie  on  the  table;  and  the  question  being  taken  thereon,  it  was  deter- 
mined in  the  negative. 

The  question  then  recurred  on  the  engrossing  the  resolution  for  a 


24 

third  reading;   and  the  same  being  taken,  it   was  resolved  in  the 
affirmative — ^yeas  74,  nays  47. 

*  *  ^i  *  *  ilP  * 

A  motion  was  then  made  by  Mr.  Pitkin,  that  the  further  consid- 
eration of  the  resohitioh  be  postponed  until  to-morrow;  and  the 
question  being  t:iken  thereon,  it  was  determined  in  the  negative — 
yeas  46,  nays  68. 

«  H:  *  *  *  *  .  t 

The  question  was  then  taken  that  the  said  resolution  do  pass,  as 
amended;  and  resolved  in  the  affirmative — yeas  70,  nays  42. 

«  3):  4:  *  4s  Nc  * 

A  motion  was  made  by  Mr.  Montgomery,  that  a  committee  be 
appointed  to  carry  the  said  resolution  to  the  Senate;  and  the  ques- 
tion being  taken  thereon,  it  was  resolved  in  the  affirmative. 

Mr.  Montgomery  and  Mr.  Cutts  were  appointed  a  committee,  in 
pursuance  of  the  said  resolution. 


Thursday,  January  10. 

The  House  being  cleared  of  all  persons  except  the  members  and 
the  Clerk,  a  confidential  message  was  received  from  the  Senate,  by 
their  committee,  as  follows: 

iMr.  Speaker:  The  Senate  have  passed  a  bill  entitled  "An  act  to 
enable  the  President  of  the  United  States,  under  certain  contingen- 
cies, to  take  possession  of  the  country  lying  east  of  the  river  Perdido, 
and  south  of  the  State  of  Georgia  and  the  Mississippi  Territory,  and 
for  other  purposes;"  in  w^hich  bill  they  desire  the  concurrence  of 

this  House. 
The  House  then  proceeded  to  the  consideration  of  the  bill  from 

the  Senate;  which  was  read  twice,  and  committed  to  a  Committee 

of  the  Whole  this  day. 

The  House  then  resolved  itself  into  a  Committee  of  the  Whole  on 
the  said  bill;  and,  after  some  time  spent  therein,  Mr.  Speaker  re- 
sumed the  Chair,  and  Mr.  Bassett  reported  that  the  Committee  of 
the  Whole  have  had  under  consideration  a  bill  from  the  Senate  to 
enable  the  President  of  the  United  States,  under  certain  contingen- 
cies, to  take  possession  of  the  country  lying  east  of  the  river  Perdido, 
and  south  of  the  State  of  Georgia  and  the  Mississippi  Territory,  and 
for  other  purposes,  and  have  agreed  to  the  same,  without  amendment. 

The  House  proceeded  to  the  consideration  of  the  report  of  the 
Committee  of  the  Whole;  and  debate  arising,  an  adjournment  was 
called  for,  and  carried. 


25 
Fkiday,  January  11. 

The  House  resumed  the  consideration  of  the  report  of  the  Com- 
mittee of  the  Whole,  made  yesterday;  and  on  the  question  that  the 
House  do  now  concur  in  the  report  of  the  Committee  of  the  Whole — 

A  motion  was  made  by  Mr.  Troup  to  amend  the  bill  by  striking 
out  all  the  first  section  thereof,  after  the  enacting  clause,  for  the 
purpose  of  inserting  the  following : 

"  Tlmt  the  President  of  the  United  States  be,  and  he  is  hereby,  authorized  to 
take  possession  and  occupy  all  or  any  part  of  the  territory  lying  east  of  the 
river  Perdido,  and  south  of  the  State  of  Georgia  nnd  the  Mississippi  Territory, 
in  case  arrangement  has  been  or  shall  be  made  with  the  local  authority  of  the 
said  Territory,  at  the  desire  of  the  said  authority,  for  delivering  up  the  pos- 
session of  the  same,  or  any  part  thereof,  to  the  United  States." 

A  division  of  the  question  was  called  for  by  Mr.  Rhea:  and  the 
question  being  taken  on  striking  out,  it  was  determined  in  the  nega- 
tive— yeas  54,  nays  66. 

******* 

Consequently,  the  said  motion  was  rejected. 

A  motion  was  made  by  Mr.  Bacon,  to  amend  the  bill  by  striking 
out  the  third  section  thereof,  for  the  purpose  of  inserting  the  fol- 
lowing: 

"And  be  it  further  enacted,  That  after  the  possession  authorized  by  this  act 
shall  have  been  taken  by  the  President  of  the  United  States,  the  inhabitants 
thereof  shall  continue  under  the  jurisdiction  of  the  local  government  heretofore 
established,  or  which  may  hereafter  be  adopted  therein,  and  the  civil  and  mili- 
tary authorities  there  acting,  shall  be  confirmed  and  continued  in  the  exercise 
of  their  respective  functions,  so  far  as  may  be  necessary  to  protect  the  people 
thereof  in  the  enjoyment  of  their  liberty,  property,  and  religion,  until  other 
provisions  shall  be  made  by  Congress  therefor." 

A  division  of  the  question  was  called  for  by  Mr.  Montgomery; 

and  the  question  being  taken  on  striking  out,  it  was  determined  in 

the  negative — yeas  59,  nays  66. 

******* 

Consequently,  the  said  motion  was  lost. 

A  motion  was  made  by  Mr.  Troup  to  amend  the  bill,  by  striking  out 
after  the  word  "  States,"  in  the  seventh  line  of  the  first  section,  the 
following  words :  "  Or  in  the  event  of  an  attempt  to  occupy  the  said 
territory,  or  any  part  thereof,  by  any  foreign  Government;  and  he 
may,  for  the  purpose  of  taking  possession  and  occupying  the  terri- 
tory aforesaid,  and  in  order  to  maintain  therein  the  authority  of 
the  United  States,  employ  any  part  of  the  Army  and  Navy  of  the 
United  States,  which  he  may  deem  necessary ; "  for  the  purpose  of 
inserting  the  following: 

"Or  in  the  event  of  an  attempted  occupation  of  the  said  territory  by  any 
foreign  Power  other  than  Spain,  the  President  of  the  United  States  may,  for 


26 

the  purpose,  and  sole  purpose,  of  repelling  such  occupation,  employ  any  part  of 
the  Army  and  Navy  of  the  United  States,  which  he  may  deem  necessary,  causing 
no  molestation  or  injury  of  any  kind  to  the  inhabitants  of  the  said  territory, 
save  what  may  be  absolutely  necessary  to  the  repulsion  of  such  occupation." 

And  the  question  being,  taken  thereon,  it  was  determined  in  the 
negative — yeas  54,  nays  68. 

*  *  *  ♦  «  *  » 

A  motion  was  made  by  Mr.  Milnor  to  amend  the  bill  by  striking 
out  the  following  words  in  the  seventh  line  thereof,  to  wit:  "Or,  in 
the  event  of  an  attempt  to  occupy  the  said  territory,  or  any  part 
thereof,  by  any  foreign  Government : " 

And,  debate  arising  thereon,  an  adjournment  was  called  for,  and 
carried. 


Saturday,  January  12. 


A  motion  was  made  by  Mr.  Sheffey  that  the  House  do  come  to 
the  following  resolution: 

"Resolved,  That  tlie  furtlier  proceedings  on  the  bill  from  the  Senate,  en- 
titled 'An  act  to  enable  the  President  of  the  United  States,  under  certain  con- 
tingencies, to  talve  possession  of  the  territory  east  of  the  river  Perdido,  and 
south  of  the  State  of  Georgia  and  the  Mississippi  Territory,  and  for  other  pur- 
poses,' be  had  with  open  doors,  and  that  the  injunction  of  secrecy  be  taken  off 
in  relation  thereto." 

On  which  a  question  was  made,  whether  the  said  motion  was  in 
order;  during  a  debate  on  the  question  of  order,  twelve  o'clock  ar- 
rived, when  the  order  of  the  day  on  the  unfinished  business  was  called 
for;  and  the  Speaker  decided  that,  as  twelve  o'clock  had  arrived, 
and  the  order  of  the  day  had  been  called  for,  the  call  for  the  order 
of  the  day  had  the  preference,  and  superseded  the  motion  of  the 
member  from  Virginia,  (Mr.  Sheffey;)  from  which  decision  an 
appeal  was  taken ;  and,  on  the  question,  "  Is  the  decision  of  the  Chair 
correct  ?  "  it  was  resolved  in  the  affirmative — yeas  58,  nays  51. 

^»  3p  !|C  JjC  S|C  SJC  7 

The  question  then  recurred  on  the  motion  of  Mr.  Milnor,  which 
was  pending  and  undetermined  at  the  time  of  adjournment,  to  amend 
the  bill  by  striking  out  the  following  words  in  the  seventh  line  of 
the  first  section  thereof,  to  wit :  "  or,  in  the  event  of  an  attempt  to 
occupy  the  said  territory,  or  any  part  thereof,  by  any  foreign  Gov- 
ernment:" And,  the  question  being  taken  thereon,  it  was  determined 
in  the  negative — yeas  52,  nays  66. 

«  *  «  *  *  *  « 

A  motion  was  made  by  Mr.  Sturges  to  amend  the  bill  by  striking 
out  the  word  "or,"  for  the  purpose  of  inserting  the  word  and  in  the 
seventh  line  and  first  section  of  the  aforesaid  bill;  and,  the  question 


27 

being  taken  thereon,  it  was  determined  in  the  negative — yeas  46, 

nays  78. 

*  41  *  *  •  «  • 

A  motion  was  made  by  Mr.  Sheffet  to  amend  the  bill  by  adding  a 
new  section  thereto,  in  the  words  following,  to  wit: 

''And  be  it  further  enacted,  That  the  President  of  the  United  States  be,  and 
he  is  hereby,  authorized  to  restore  the  possession  which  may  be  acquired  by 
virtue  of  this  act,  of  the  saitl  territory,  to  the  Spanish  Government,  in  conse- 
quence of  arrangements  to  be  made  between  liim  and  tliat  Government,  when- 
ever it  shall  appear  to  liim  that  the  occupancy  thereof,  by  any  other  foreign 
Power,  is  no  longer  to  be  apprehended,  and  the  Spanish  authority  tlierein  shall 
be  sufficient  to  maintain  internal  peace  and  tranquillity:  Provided,  That  the 
r)Ower  hereby  granted  shall  not  be  construed  to  authorize  the  President  to  re- 
store such  possession  in  the  event  of  the  present  existing  authority  in  Spain 
being  subverted,  and  the  Government  of  that  country,  assumed  and  exercised 
by  any  other  foreign  Prince  or  State ;  or,  in  the  event  of  the  Spanish  American 
Colonies  becoming  iiidepondcnt  of  the  parcJit  State,  or  subjected  to  the  dominion 
of  any  other  foreign  Power." 

And  the  question  being  taken  thereon,  it  was  determined  in  the 
negative — yeas  59,  nays  61. 

*  4i  «  *  *  4t  * 

A  motion  was  made  by  Mr.  Hubbard  to  amend  the  bill  in  the  first 
section  and  seventh  line,  after  the  word  Government,  by  inserting 
the  following  words :  "  other  than  that  of  Spain." 

And  the  question  being  taken  thereon,  it  was  determined  in  the 
negative — yeas  47,  nays  78. 

A  confidential  message  was  received  from  the  Senate,  by  Mr.  Clay 
and  Mr.  Pickering,  their  committee,  as  follows: 

Mr.  Speaker:  We  are  instructed  by  the  Senate  to  inform  the  House 
of  Representatives,  that  the  Senate  have  had  under  consideration  a 
resolution  of  this  House,  of  the  eighth  instant,  confidentially  com- 
municated to  the  Senate,  by  their  committee,  and  have  agreed  to  the 
same  with  an  amendment:  in  which  amendment  they  are  instructed  to 
usk  the  concurrence  of  this  House. 

A  motion  was  made  by  Mr.  Pitkin  to  amend  the  bill,  by  adding 
the  following  words  to  the  end  of  the  first  section  thereof : 

"  It  is,  however,  understood,  and  hereby  is  declared,  that  the  territory  which 
may  be  occupied  by  virtue  of  this  act,  is  hereafter  to  be  restored  to  the  lawful 
Government  of  Spain,  administered  by  the  representatives  of  the  people  and 
tlie  Executive  authority  of  that  country,  accoi'ding  to  the  ancient  forms  of  their 
constitution ;  or,  in  the  event  of  that  Government  being  extinguished,  then  said 
territory,  at  the  request  of  the  inhabitants  thereof,  is  to  be  restored  to  the 
authorities  constituted  by  such  Government  as  shall  be  established  in  the 
Spanish  dominions  in  America,  by  and  with  the  consent  of  the  people  of  said 
Spanish  dominions,  whenever  apprehensions  of  its  being  occupied  by  any  foreign 


28 

Govermneut  shall  cease ;  and  it  shall  be  the  duty  of  the  President  of  the 
United  States,  whenever  said  territory  shall  bo  restored,  to  make  the  necessary 
arrangements  for  that  purpose  :  " 

And  the  question  being  taken  tluMeon,  it  w;>s  determined  in  the 
negative — yeas  41,  nays  76. 

:!:  :i:  H<  *  *  *  * 

A  motion  was  made  by  Mr.  Stanfohd,  to  amend  the  bill  by  adding 

the  following  to  the  end  of  the  last  section  thereof: 

"And  he  it  fttrthcr  enacted.  That  the  j)()\vers,  by  the  several  sections  of  this 
act  vested  in  the  President  of  the  United  Slates,  shall  cease  at  the  expiration 
of  the  session  of  Congress  next  ensuing  the  present,  unless  they  shall  be  by 
some  future  law  continued  in  force  for  a  longer  time." 

And  the  question  being  taken  1  hereon,  it  was  determined  in  the 

negative — yeas  41,  nays  75. 

:^  H:  ^  >1<  ^  H:  4« 

On  the  question,  "  Shall  the  bill  have  a  third  reading?" 
A  motion  was  made  by  Mr.  Sturges,  that  the  House  do  now  ad- 
journ; and  the  question  being  taken  thereon,  it  w^as  determined  in 

the  negative — yeas  29,  nays  76. 

******* 

The  question  recurring  on  the  third  reading  of  the  bill,  a  motion 

was  made  by  Mr.  Bigelow,  that  the  House  do  now^  adjourn : 

And  the  question  being  taken  thereon,  it  was  determined  in  the 

negative — yeas  37,  nays  76. 

******* 

And  on  the  question,  "  Shall  the  bill  have  a  third  reading?"  it  was 

resolved  in  the  affirmative — ^yeas  77,  nays  45. 

******* 

A  motion  by  Mr.  Quincy  that  the  third  reading  of  the  bill  be  the 

order  of  the  day  for  Monday  next;  and  the  question  being  taken 

thereon,  it  was  determined  in  the  negative — yeas  42,  nays  75. 
*  *  *  *  *  '    *  * 

A  motion  was  then  made  by  Mr.  Quincy,  that  the  doors  be  now 
opened,  and  that  the  injunction  of  secrecy  imposed  on  the  proceed- 
ings which  have  been  transacted  with  closed  doors  during  the  present 
session,  be  removed;  and  the  question  being  taken  tliereon,  it  was 

determined  in  the  negative — yeas  44,  nays  79. 

******* 

A  motion  was  made  by  Mr.  Giiolson  that  the  third  reading  of  the 
bill  be  the  order  for  this  day;  and  the  question  being  taken  thereon, 
it  was  resolved  in  the  affirmative. 

The  bill  was  accordingly  read  a  third  time;  and,  on  the  question 
that  the  same  do  pass,  it  was  resolved  in  the  affirmative — yeas  76, 
nays  44. 


29 

A  motion  was  made  by  Mr.  MoN-ico-MiitY  that  the  House  do  now 
proceed  to  the  consideration  of  the  anienchnent  of  the  Senate  made 
to  the  confidential  resolution  of  the  eighth  instant;  and,  the  ques- 
tion being  taken  thereon,  it  Avas  resolved  in  the  aflirmative — yeas  77, 
nays  33. 

m  a:  :ii  *  :¥  *  * 

A  motion  was  then  made  by  Mr.  Miln'or  that  the  House  do  now 
adjourn :  and  the  question  being  taken,  it  was  determined  in  the 
negative. 

The  House  then  resumed  the  consideration  of  the  amendment  of 
the  Senate  to  the  aforesaid  resolution. 

A  motion  was  made  by  Mr.  Montgomeky  that  the  House  do  concur 
in  the  amendment  of  the  Senate  to  the  said  resolution. 

A  motion  was  made  by  Mr.  Goldsbokougii  that  the  amendment 
aforesaid  be  referred  to  a  Conmiittee  of  the  Whole  House;  and  the 
question  being  taken,  it  was  determined  in  the  negative — yeas  30, 
nays  78. 

if:  i'f  ^  :i:  ij:  if  * 

A  motion  was  made  by  Mr.  Moseley  that  the  House  do  now  ad- 
journ, and  the  question  being  taken,  it  was  determined  in  the  nega- 
tive. 

The  question  again  recurred  on  the  concurrence  of  this  House  in 
the  amendment  of  the  Senate;  and  the  question  being  taken  thereon, 
it  was  resolved  in  the  affirmative — ^j^eas  78,  nays  21. 

*  ii:  ij:  ;it  if  ;i:  -Ji: 

A  motion  was  made  by  Mr.  Montgomery  that  a  committee  be  ap- 
pointed to  wait  on  the  Senate,  and  inform  them  that  the  House  of 
Representatives  have  passed  the  bill  from  the  Senate,  entitled,  "  An 
act  to  enable  the  President  of  the  United  States,  under  certain  con- 
tingencies, to  take  possession  of  the  country  lying  east  of  the  river 
Perdido,  and  soutli  of  the  State  of  Georgia  and  the  Mississippi  Ter- 
ritory, and  for  other  purposes;"  and,  also,  have  concurred  in  the 
amendment  of  the  Senate  made  to  the  confidential  resolution  of  the 
eighth  instant ;  and  a  committee  was  appointed,  consisting  of  Mr. 
Montgomery  and  Mr.  Miller. 


Monday,  January  14. 

The  House  being  cleared  of  all  persons,  except  the  members  and 
the  Clerk,  Mr.  Garland,  from  the  Joint  Committee  for  Enrolled 
Bills,  reported  that  the  committee  had  examined  an  enrolled  bill, 
entitled  "An  act  to  enable  the  President  of  the  United  States,  under 
certain  contingencies,  to  take  possession  of  the  country  lying  east  of 
the  river  Perdido,  and  south  of  the  State  of  Georgia  and  the  Mis- 


30 

oissippi  Territory,  and  for  other  purposes;  "  and  that  they  had  also 
examined  an  enrolled  resolve  which  passed  both  Houses  of  Congress 
on  the  twelfth  instant;  and  had  found  the  same  to  be  truly  enrolled: 
Whereupon,  Mr.  Speaker  signed  the  said  enrolled  bill  and  resolve. 

Ordered^  That  Mr.  Montgomery  and  Mr.  Miller  be  appointed  a 
committee  to  acquaint  the  Senate  therewith. 


Thursday,  January  IT. 

The  House  being  cleared  of  all  persons,  except  the  members  and 
Clerk,  Mr.  Anderson,  from  the  Joint  Committee  for  Enrolled  Bills, 
reported  that  the  committee  did,  on  the  fifteenth  instant,  present  to 
the  President  of  the  United  States,  for  his  approbation,  an  enrolled 
bill,  entitled  "An  act  to  enable  the  President  of  the  United  States, 
under  certain  contingencies,  to  take  possession  of  the  country  lying 
east  of  the  river  Perdido,  and  south  of  the  State  of  Georgia  and  the 
Mississippi  Territory,  and  for  other  purposes;"  and  an  enrolled 
resolve  passed  on  the  twelfth  instant. 

A  Message  was  received  from  the  President  of  the  United  States, 
notifying  that  the  President  did,  this  day,  approve  and  sign  the 
abovementioned  enrolled  resolve. 


Friday,  January  18. 

The  House  being  cleared  of  all  persons  but  the  members  and  the 
Clerk,  the  following  resolution  was  submitted  by  Mr.  Sheffey,  for 
consideration : 

"  Resolved,  Tliat  the  injunction  of  socrecy  imposed  on  the  proceedings  which 
have  been  transacted  witli  closed  doors,  during  the  present  session,  be  removed, 
and  that  the  secret  journal  of  such  proceedings  be  published :  " 

And  on  the  question,  Will  the  House  now  consider  the  said  resolu- 
tion ?  it  was  determined  in  the  negative — yeas  45,  nays  73. 

:^  :f:  4:  4:  *  4:  * 

On  motion  of  Mr.  Montgomery, 

Resolved,  That  a  committee  be  appointed  to  inform  the  Senate  that 
the  President  of  the  United  States  did,  yesterday,  approve  and  sign 
an  enrolled  resolve,  which  originated  in  this  House. 

Ordered,  That  Mr.  Montgomery  and  Mr.  Gray  be  appointed  the 
said  committee. 


Saturday,  January  19. 

The  House  being  cleared  of  all  persons,  but  the  members  and 
Clerk,  Mr.  Montgomery,  from  the  committee  appointed,  yesterday, 


31 

to  inform  the  Senate  that  the  President  of  the  United  States  did,  on 
the  seventeenth  instant,  approve  and  sign  an  enrolled  resolve,  which 
originated  in  this  House,  reported  that  the  committee  had  performed 
that  duty. 

A  message  from  the  Senate,  by  Mr.  Otis,  their  Secretary : 
Mr.  Speaker:  I  am  directed  to  inform  this  House  that  the  Presi- 
dent of  the  United  States  did,  on  the  seventeenth  instant,  approve 
and  sign  an  enrolled  bill,  entitled  "An  act  to  enable  the  President  of 
the  United  States,  under  certain  contingencies,  to  take  possession  of 
the  country  lying  east  of  the  Perdido,  and  south  of  the  State  of 
Georgia  and  the  Mississippi  Territory,  and  for  other  purposes." 

Sunday,  March  3. 

The  House  being  cleared  of  all  persons,  but  the  members  and  the 
Clerk,  a  message  was  received  from  the  Senate,  by  Mr.  Turner,  and- 
Mr.  Smith,  of  Maryland,  two  members  of  that  body,  notifying  the 
House  that  the  Senate  had  this  day  passed  a  resolution  in  the  form 
of  a  joint  resolution  of  the  two  Houses  of  Congress,  in  the  words  fol- 
lowing, to  wit: 

"  Resolved,  hy  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America,  in  Congress  assembled.  That  the  act  passed  during  the  present  ses- 
sion of  Congress,  entitled  'An  act  to  enable  the  President  of  the  United  States, 
under  certain  contingencies,  to  take  possession  of  the  country  lying  oast  of  the 
river  Perdido,  and  south  of  the  State  of  Georgia  and  the  Mississippi  Territory, 
and  for  other  purposes,'  and  the  declaration  accompanying  the  same,  be  not 
printed  or  published  unless  directed  by  the  President  of  the  United  States,  any 
law  or  usage  to  the  contrary  notwithstanding:  " 

To  which  they  desire  the  concurrence  of  this  House. 

The  said  resolution  w^as  read  the  first  and  second  time. 

A  motion  was  made  by  Mr.  Quincy,  that  the  said  resolution  be 
committed  to  a  Committee  of  the  whole  House ;  and  the  question  be- 
ing taken  thereon,  it  was  determined  in  the  negative. 

A  motion  was  made  by  Mr.  Bibb,  to  amend  the  said  resolution  by 
striking  out  the  first  word,  "  resolved,"  and  insert,  in  lieu  thereof,  the 
words  "be  it  enacted:"  and  the  question  being  taken  thereon,  it  was 
resolved  in  the  affirmative. 

Another  motion  was  made  by  Mr.  Bicn,  further  to  amend  the  said 
resolution,  by  inserting,  after  the  word  "  that,"  in  the  third  line,  the 
words  "  this  act  and ;  "  and  the  question  being  taken  thereon,  it  was 
resolved  in  the  affirmative. 

A  motion  was  made  by  Mr.  Johnson,  further  to  amend  the  said 
resolution,  by  inserting,  after  the  word  "  published,"  in  the  tenth  line, 
the  following :  "  until  the  end  of  the  next  session  of  Congress ;  "  and 
the  question  thereon  being  taken  by  yeas  and  nays,  and  a  quorum. 


32    . 

consisting  of  a  majority  of  the  ^Yhole  House,  not  being  present,  the 
question  was  not  determined. 

The  yeas  and  nays,  as  demanded  by  one-fifth  of  the  members  pres- 
ent, are  as  follows: 

The  question  was  again  taken  by  jgsls  and  nays,  and  resolved  in 
the  affirmative — yeas  48,  nays  34. 

4:  4:  ^  ^  4:  ^  4: 

And  the  question  being  taken  on  the  resolution  as  amended,  it  was 
resolved  in  the  affirmative — yeas  52,  nays  34. 

V  !p  S^  a^  3|C  ^  ^P 

Oi'dercd^  That  Mr.  Montgomery  and  Mr.  T.  Moore  be  appointed  a 
committee  to  Avait  on  the  Senate,  and  inform  them  of  the  agreement 
of  this  House  to  their  resolution,  with  amendments;  in  which  amend- 
ment they  desire  the  concurrence  of  the  Senate. 

A  motion  was  made  by  Mr.  SHErrEV,  that  the  House  do  come  to  the 
following  resolution: 

Resolved,  That  the  injunction  of  secrecy,  in  relation  to  the  proceedings  had 
with  closed  doors,  during  the  present  session,  be  removed,  and  that  the  secret 
Journal  be  published : 

And  on  the  question  that  the  House  do  agree  to  the  said  resolution, 
it  was  determined  in  the  negative — yeas  40,  nays  51. 

A  motion  was  made  by  Mr.  Sheefey  that  the  House  do  come  to  the 
following  resolution: 

Resolred,  That  the  .Tourn^l  of  the  proceedings  of  this  House  on  the  resolution 
offered  this  day,  to  remove  the  injunction  of  secrecy  in  relation  to  the  proceed- 
ings had  with  closed  doors,  during  the  present  session,  be  pul)]islied. 

And  on  the  question  that  the  House  do  now  proceed  to  the  consid- 
eration of  the  said  resolution,  it  was  determined  in  the  negative. 

The  doors  were  then  opened;  and,  after  some  time,  closed  again. 

A  confidential  message  was  received  from  the  Senate,  by  Mr. 
WoRTiiiNGTON  aiul  Mr.  Bayard,  two  members  of  that  body,  notifying 
that  the  Senate  had  concurred  in  the  amendments  of  the  House  of 
Representatives  to  their  confidential  resolution  of  this  day. 

Mr.  Garland,  from  the  Joint  Committee  for  Enrolled  Bills,  re- 
ported that  the}'  had  examined  an  enrolled  bill,  entitled  "An  act  con- 
cerning 'An  act  to  enable  the  President  of  the  United  States,  under 
certain  contingencies,  to  take  possession  of  the  country  lying  east  of 
the  river  Perdido,  and  south  of  the  State  of  Georgia  and  the  Mis- 
sissippi Territory,  and  for  other  purposes;"  and  the  declaration  ac- 
companying the  same,  and  had  found  the  same  to  be  truly  enrolled: 
Whereupon,  Mr.  Speaker  signed  the  said  bill  and  the  declaration  ac- 
companying the  same. 


33 

Ordered^  That  Mr.  Montgomery  and  Mr.  Garland  bo  appointed  :i 
committee  to  accjuaint  the  Senate  therewith. 

A  message  was  received  from  the  Senate,  by  Mr,  Cuits  and  Mi-. 
Campbell,  two  members  of  that  body,  notifying  the  Honse  that  tlie 
President  of  the  United  States  had  approved  and  signed  a  con- 
fidential bill,  passed  this  day,  entitled  "An  act  concerning  'An  act 
to  enable  the  Pi-esjdent  of  the  United  States,  under  certain  contin- 
gencies, to  take  possession  of  the  country  lying  East  of  the  livci- 
Perdido,  and  south  of  the  State  of  Georgia  and  the  Mississippi  Teri-i- 
tory,  and  for  other  purposes,'"  and  the  de(darati<in  accompanying  tlic 
same. 

Ordered.  That  the  doors  be  now  opened. 


('onfii)j:ntiai>  proceedings  of  tjiI':  si;.\ati-: 

AT   WW.   SECOND   SESSION    OF   THK    rWKr.FI'H    CONOKESS 

lAiiTiiils  of  Congress,  vol.  2."..  pj..   12  1-134.1 


Saturday,  July  31,  18 lo. 

On  motion,  by  Mr.  Anderson, 

Ordered^  That  the  confidential  proceedings  of  the  Senate  ;it  tliclr 
last  session,  in  relation  to  East  Florida,  be  made  public. 


Thursday,  December  10, 1812. 

Mr.  Anderson  submitted  the  following  motion  for  consideration, 
which  was  read : 

Resolved,  That  a  coiuniittee  be  appointed  to  cousidoi-  whether  it  be  expeiheiit 
to  authorize  the  President  of  the  United  States  to  occupy  and  hold  the  whole 
or  any  part  of  East  Florida,  including  Amelia  Island,  and  also  those  parts  of 
West  Florida  which  are  not  now  in  the  posse.ssion  and  under  the  iurlsdiotion  of 
the  United  States,  with  loavo  to  roport  by  hill  or  otherwise. 


Tuesday',  Decemijer  lo. 

The  Senate  proceeded  to  consider  the  motion  submitted  the  K'th 
instant,  respecting  the  Floridas:  and,  after  debate,  the  ftirther  con- 
sideration thereof  Avas  postponed  to  ^fonday  next. 
85080—18 3 


34 

Wednesday,  December  16. 

Mr.  Leib  submitted  the  following  motion  for  consideration : 

Resolved,  That  the  President  of  the  United  States  be  requested  to  cause  to 
be  laid  before  the  Senate  any  information  which  he  may  have  of  the  intention 
of  the  enemy  to  tal^e  possession  of  East  Florida,  and  of  the  disposition  of  the 
peo])le  of  that  Territory  to  be  received  under  the  protection  of  the  Government 
of  the  United  States ;  the  amount  of  the  American  force  in  that  neighborhood, 
and  under  the  command  of  General  Wilkinson ;  and  the  quantum  of  Spanish 
or  other  force  in  St.  Augustine,  Pensacola,  and  Mobile. 


Friday,  December  18. 


The  Senate  proceeded  to  consider  the  motion  submitted  the  16th 
instant,  calling  upon  the  President  of  the  United  States  for  informa- 
tion respecting  East  Florida;  and,  on  motion  by  Mr.  Goodrich,  to 
amend  the  motion,  so  as  to  read  as  follows : 

Resolved,  That  the  President  of  the  United  States  be  requested  to  cause  to  be 
laid  before  the  Senate  any  information  which  he  may  have  of  the  intention  of 
the  enemy  to  take  possession  of  East  Florida,  and  of  the  disposition  of  the 
people  of  that  Territory  to  be  received  under  the  protection  of  the  Government 
of  the  United  States ;  the  amount  of  the  American  force  in  that  neighborhood, 
and  under  the  command  of  General  Wilkinson ;  and  the  quantum  of  the  Spanish 
or  other  force  in  St.  Augustine,  Pensacola,  and  Mobile ;  and  respecting  any 
negotiation  that  may  have  been  had  for  the  settlement  of  differences  and  claims 
existing  between  the  United  States  and  Spain,  not  heretofore  laid  before  the 
Senate;  respecting  any  proposal  or  negotiation  that  may  have  been  made,  or 
had,  by  or  with  any  person  or  persons  exercising  the  powers  of  the  Government 
of  Spain,  or  claiming  to  exercise  the  powers  of  said  Government,  or  with  their 
respective  agents,  for  the  cession  of  East  Florida  to  the  United  States ;  respect- 
ing any  proposal  to  or  from  the  local  authorities  of  East  Florida,  (not  hereto- 
fore communicated,)  for  the  cession,  sun-ender,  or  occupancy  thereof,  to  or  by 
the  United  States;  and  also,  anj'  information  respecting  the  relations  of  the 
United  States  with  Spain  or  said  Territory  of  East  Florida,  which  the  Presi- 
dent may  deem  proper  to  communicate. 

On  motion,  by  Mr.  Anderson,  the  further  consideration  of  the 
motion  for  amendment  was  postponed  to  Monday  next. 


Tuesday,  December  22. 

The  Senate  resumed  the  motion  made  the  10th  instant  to  appoint 
a  committee  to  inquire  into  the  expediency  of  taking  possession  of 
East  Florida;  and,  on  motion  by  Mr.  Smith,  of  Maryland,  to  post- 
pone the  further  consideration  thereof  to  Monday  next,  it  was  de- 
termined in  the  negative— ^yeas  15,  nays  15. 

4c  :!:  :«:  :ic  4c  4c  4: 

On  motion,  by  Mr.  Leib,  to  strike  out  the  Avords  "  with  leave  to  re- 
port by  bill  or  otherwise,"  it  was  determined  in  the  negative. 


35 

On  the  question  to  agree  to  the  original  motion,  it  was  determined 
in  the  affirmative — ^yeas  18,  nays  12. 

*  *  *  *  *  >K  « 

Ordered,  That  Messrs.  Anderson,  Goodrich,  Smith,  of  Maryland, 
Tait,  and  Varnum,  be  the  committee. 

The  Senate  resumed  the  consideration  of  the  motion  made  the 
16th  instant,  calling  upon  the  President  of  the  United  States  for 
information  respecting  East  Florida,  together  with  the  amendment 
proposed  thereto  on  the  18th  instant;  and,  having  agreed  to  the 
amendment, 

Resolved,  That  the  motion  be  agreed  to  as  amended. 

Ordered,  That  the  Secretary  lay  this  resolution  before  the  Presi- 
dent of  the  United  States. 


Tpiursday,  January  14,  1813. 

The  folloAving  confidential  Message  was  received  from  the  Presi- 
dent OF  THE  United  States  : 

To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  a  report  of  the  Secretary  of  State,  complying  with 
their  resolution  of  the  22d  December. 

James  Madison. 
Januaey  14,  1813. 

The  Message  and  report  were  read.  And  on  motion,  b}'^  Mr.  Leib, 
that  they  be  printed  confidentially  for  the  use  of  the  Senate,  it  was 
agreed  that  the  motion  be  postponed  until  to-morrow. 


Friday,  January  15. 

The  Senate  resumed  the  consideration  of  the  motion  made  yester- 
day, "that  the  IMessage  and  report  respecting  East  Florida  be 
printed  confidentiall}^  for  the  use  of  the  Senate,  with  the  exception 
of  the  return  of  the  number  of  troops  and  their  respective  stations, 
on  the  Southern  and  AVestern  frontier;"  and,  on  the  question  to 
agree  thereto,  it  was  determined  in  the  negative — yeas  13.  nays  18. 

On  motion,  by  Mr.  Anderson, 

Ordered,  That  the  Message,  and  documents  therein  referred  to,  be 
referred  to  the  committee  appointed  the  22d  December  on  the  same 
subject,  to  consider  the  report  thereon. 

Mr.  Bradley  submitted  the  folloAving  motion  for  consideration : 

Resolved,  That  the  President  of  the  United  States  be  i-equested  to  cause  to 
be  laid  before  the  Senate  all  letters  and  communications  that  have  passed 
between  the  Government  of  the  United  States  and  that  of  Spain,  or  the  Minis- 


36 

ters  thereof,  since  the  9th  day  of  Janu.iiy.  1SU4,  on  \hv  subject  of  iudemnities 
for  spoliations  committed  on  our  commerce  by  her  subjects  before  that  time : 
and  also,  in  relation  to  French  seizures  aiid  condemnation  of  our  vessels  in  tlv- 
ports  of  Spain,  during  the  late  war  with  France;  together  with  such  comnumica- 
tions  between  this  an<l  the  French  Government  as  relate  to  the  same  subjects ; 
with  such  instructions  as  have  been  given  to  the  Ministers  of  the  Fnited  States 
in  relation  to  tlu;  sanir.  An<l  any  i)rMi)<>sitions  or  nogoliations  th;it-liave  been 
had  or  made  with  France  or  Spain,  for  ceding  East  i^'lorida  to  the  United  States, 
previous  to  the  l'»th  day  of  January,  1S11,  not  heretofore  comnninicatcd. 

Saturday,  January  16. 

The  Senate  proceeded  to  consider  the  motion  submitted  yesterday 
by  Mr,  Bradley;  and,  on  motion,  by  Mr.  Campbell,  of  Ohio,  the  fiiv- 
ther  consideration  thereof  was  postponed  until  Monday  next. 


Monday,  January  18. 


The  motion  submitted  b}'  Mr.  Bradley  on  tlie  15tli  instant  was  re- 
sumed and  agreed  to  without  amendment. 

Ordered,  That  the  Secretar}'^  lay  the  said  resolution  before  the 
President  of  the  United  States. 


Tuesday,  January  19. 

Mr.  Anderson,  from  the  committee  appointed  the  •22d  December 
on  the  subject,  reported  the  following  bill : 

A  bill  authorizing  the  President  of  the  Luiti'd  States  to  take  possession  of  a  tract  of 
country  lying  south  of  the  Mississippi  Territory  and  of  the  State  of  tTeorgia.  nnd  for 
other  purposes. 

Jie  it  fnactcd  hy  the  Senate  (ind  Jluii-st  of  Jicprcxcitttitirot  of  the  United  Statex 
of  Ameri-ca  in  (Jonf/ress  assembled,  That  the  President  be,  and  he  is  hereby, 
authorized  to  occupy  :in<l  hold  all  that  tract  of  luuntry  called  West  Florida, 
which  lies  west  of  tlic  river  Perdido.  not  now  In  jjossession  of  the  United 
States. 

Sec.  2.  And  he  it  further  enaeted,  Tliat  the  President  be.  and  he  is  hereby, 
authorized  to  (x.-cupy  and  hold  all  that  part  of  West  Florida  east  of  the  Per- 
dido, and  the  whole  or  any  part  of  Fast  Florida,  inclutling  Amelia  Island. 

Skc.  3.  Avd  he  it  further  enaeted,  That,  for  the  purpo.se  of  occupying  and 
holding  the  cotintry  aforesaid,  and  of  alfording  protection  to  the  inhabitants 
thereof,  under  the  authority  of  the  Unitt;d  States,  the  President  may  employ 
such  parts  of  the  military  and  naval  force  of  the  United  States  as  ho  may 
deem  necessary. 

Sec.  4.  And  he  it  further  enacted,  'I'liat,  for  defraying  tin;  necessary  ex- 
penses,    dollars  are  hereby  appropriated,  to  be  paid  out  of  any  moneys 

in  the  Treasury,  not  otherwise  apprf>priated.  and  to  be  applied  for  the  purposes 
aforesaid,  under  th(!  direction  of  the  I'lesideni. 


37 

Sec.  5.  And  be  it  further  (  nattcil,  Tlml,  uiilil  i'lirLlu'r  pruvisioii  .shall  be  made 
by  Congre.ss,  the  President  shall  be,  and  liei-eby  is,  empowered  to  e.stablish 
within  the  country  he  may  acquire  l)y  this  act  a  temporary  Government,  the 
civil  and  military  authorities  of  which  shall  bo  vested  in  such  itcrson  or  iier.sons 
as  lie  may  aiti»oint,  and  be  exercised  in  svu-h  manner  as  ho  may  direct:  Pro- 
vided, Tliat  he  shall  take  due  care  for  the  preservation  of  social  order,  and  for 
securing  to  the  inhabitants  tlie  enjoyment  of  their  personal  rights,  their  reli- 
;rion,  and  thoir  property  :  And  provided,  alsn.  That  the  se<tion  of  country  herein 
designated,  that  is  situatetl  to  tlio  eastward  fif  tlio  river  Pordido,  may  In-  tho 
subject  of  future  negotiation. 

The  bill  was  read;  and  jiiis.scd  lo  tlio  second  reading. 


Fkidav.  January'  '2-2. 

The  bill  authorizing  the  President  of  the  United  States  to  take 
posse.ssion  of  a  tract  of  country  lying  south  of  the  Mississippi  Terri- 
tory and  of  the  State  of  Georgia,  and  for  other  purposes,  was  read 
the  second  time, 

Mr,  Leib  submitted  the  following  motion  for  consideration : 

Resolved,  That  the  documents  which  accompanied  tlie  President's  Message 
of  the  14th  instant,  be  confidentially  printed  for  the  use  of  the  Senate,  except- 
ing those  papers  which  relate  to  the  stations  and  the  amount  of  the  military 
force  of  the  United  States,  and  the  letter  of  General  Pinckney  of  the  27th 
December. 

On  motion,  by  Mr.  Li:ib,  that  the  bill  bo  now  taken  up  and  consid- 
ered, it  was  determined  in  the  negative. 


MoKDAY,  January  25, 

On  motion,  by  Mr.  Anderson,  that  the  bill  authorizing  the  Presi- 
dent of  the  United  States  to  take  possession  of  a  tract  of  country 
lying  south  of  the  Mississippi  Territory  and  of  the  State  of  Georgia, 
and  for  other  purposes,  be  now  considered,  it  was  determined  in  the 
negative. 

The  Senate  proceeded  to  consider  the  motion  submitted  on  the  22d 
instant,  by  Mr,  Leir  ;  and,  on  motion,  by  Mr.  Bayard,  that  the  fur- 
ther consideration  thereof  be  postponed  until  to-morrow,  it  was  de- 
termined in  the  negative. 

On  the  question  to  agree  to  the  resolution,  on  motion,  by  Mr. 
Keed,  it  was  agreed  that  it  be  taken  by  yeas  and  nays;  and,  on  mo- 
tion, by  Mr.  Bayard,  the  Senate  adjourned. 


Tuesday,  January  26, 

On  motion,  by  Mr,  Anderson,  the  Senate  resumed,  as  in  Commit- 
tee of  the  Whole,  the  consideration  of  the  bill  authorizing  the  Presi- 


38 

dent  of  the  United  States  to  take  possession  of  a  tract  of  country 
lying  south  of  the  Mississippi  Territory,  and  of  the  State  of  Georgia, 
and  for  other  purposes;  and,  on  motion,  by  Mr.  Leib,  that  the  fur- 
ther consideration  of  the  bill  be  postponed  in  order  to  consider  his 
motion,  to  have  printed  certain  documents  referred  to  in  the  Mes- 
sage of  the  President  of  the  United  States  of  the  14th  instant,  it  was 
determined  in  the  negative. 

Mr.  Gaillard  was  requested  to  take  the  Chair;  and  the  considera- 
tion of  the  bill  was  recurred  to. 

A  motion  was  made  by  Mr.  Smith,  of  Maryland,  to  strike  out  the 
second  section  of  the  bill;  and,  on  his  motion,  it  was  agreed  to  take 
the  question  by  yeas  and  nays. 

On  motion,  by  Mr.  Bradley,  the  further  consideration  of  the  bill 
was  postponed  to,  and  made  the  order  of  the  day  for,  to-morrow. 

Mr.  Tait  presented  the  memorial  of  the  Legislature  of  the  State  of 
Georgia,  recommending  to,  and  soliciting.  Congress  to  authorize  the 
President  of  the  United  States  to  take  immediate  possession  of  the 
province  of  East  Florida,  and  that  portion  of  West  Florida  pur- 
chased from  France,  but  still  retained  by  Spain;  for  reasons  stated 
at  large  in  the  memorial ;  which  was  read. 

On  motion,  by  Mr.  Leib,  the  Senate  resumed  his  motion,  submitted 
the  22d  instant,  that  the  documents  referred  to  in  the  Message  of  the 
President  of  the  United  States  of  the  14:th  instant,  be  printed;  and 
the  motion  was  amended. 

Resolved^  That  the  documents  which  accompanied  the  President's 
Message,  of  the  14th  instant,  be  confidentially  printed  for  the  use  of 
the  members  of  the  Senate,  excepting  those  papers  which  relate  to 
the  stations  and  amount  of  the  military  force  of  the  United  States, 
the  report  of  the  Secretary  of  State,  and  the  letters  of  General 
Pinckney. 

On  the  question,  to  agree  to  the  motion  as  amended,  it  was  deter- 
mined in  the  affirmative — yeas  18,  nays  12. 


The  following  confidential  Message  was  received  from  the  Presi- 
dent OF  the  United  States: 

To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  a  report  of  the  Secretary  of  State,  complying  with 
their  resolution  of  the  8th  inst. 

James  Madison. 

January  26,  1813. 

The  Message  and  report  were  read ;  and  then  the  Senate  adjourned. 


39 
Wednesday,  January  27. 

The  following  confidential  Message  was  received  from  the  Presi- 
dent or  the  United  States: 

To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  a  report  of  the  Secretary  of  War,  ooniplyinfr  with 
their  resolution  of  the  7th  inst. 

James  Madison. 

January  27,  1813. 

The  Message  and  report  were  read. 

Mr.  Horsey  submitted  the  follow'ing  motion  for  consideration, 
which  was  read : 

Resolved,  That  the  injunction  of  secrecy  in  relation  to  the  President's  Mes- 
sage, of  the  26th  instant,  communicating  certain  papers,  marked  A  and  B,  in 
compliance  with  the  resolution  of  the  Senate  of  the  18th  instant,  be.  and  the 
same  is  berehy.  removed. 


Thursday,  January  28. 

The  Senate  resumed,  as  in  Committee  of  the  AYhole,  the  considera- 
tion of  the  bill  authorizing  the  President  of  the  United  States  to 
take  possession  of  a  tract  of  country  lying  south  of  the  Mississippi 
Territory  and  the  State  of  Georgia,  and  for  other  purposes :  and  on 
motion,  I)v  Mr.  Anderson,  the  further  consideration  thereof  was 
postponed  to,  and  made  the  order  of  the  day  for,  to-morrow. 

The  Senate  proceeded  to  consider  the  motion  submitted  yesterday, 
by  Mr.  Horsey,  to  remove  the  injunction  of  secrecy  from  certain 
papers;  and,  on  motion,  the  further  consideration  thereof  was  post- 
poned until  to-morrow. 


Frid.\y,  January  29. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  considera- 
tion of  the  bill  authorizing  the  President  of  the  United  States  to 
take  possession  of  a  tract  of  country  lying  south  of  the  Mississippi 
Territory  and  of  the  State  of  Georgia,  and  for  other  purposes:  and 
Mr.  Gaiixard  was  requested  to  take  the  Chair:  and  the  motion  to 
strike  out  the  second  section  of  the  bill  was  resumed:  and.  after 
debate,  adjourned. 

Monday,  Febriary  1. 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  consid- 
eration of  the  bill  authorizinor  the  President  of  the  United  States  to 
take  possession  of  a  tract  of  country  lying  south  of  the  Mississippi 


40 

Toiriton'  and  of  the  State  of  Georgia,  and  for  other  purposes,  to- 
gether with  the  motion  to  strike  out  the  second  section  thereof;  and 
^Tr.  CiAiLLARD  was  requested  to  take  the  Chair;  and.  after  debate. 
I  he  consideration  thereof  was  further  postponed  until  to-morrow. 


Tuesday,  Febkuakt  2.  ^ 

The  Senate  resumed,  as  in  Committee  of  the  Whole,  the  considera- 
tioii  of  the  bill  authorizing  the  President  of  the  United  States  to 
take  possession  of  a  tract  of  country  lying  south  of  the  Mississippi 
lerritory  and  of  the  State  of  Georgia,  and  for  other  purposes, 
together  with  the  motion  to  strike  out  the  second  section  thereof: 
and  ^Ir.  GxUllabd  was  requested  to  take  the  Chair: 

On  the  (|uestion.  to  strike  out  the  second  section,  as  follow^: 

"Sec.  2.  And  (!>c  it  lurlhcr  (iidi-fcd.  Thai  the  l'resi<U'nf  t)e.  jiiid  ho  is  liei'eb.v. 
aiitliorized  to  occup.v  ii'id  liohl  all  that  parr  of  West  Fjoi-ida  east  ol  the  I'erdidr*. 
and  the  whole  or  aii.v  i)ail  of  Kast  Florida,  iiieludins^  Ainoliu  Island:" 

It  was  determined  in  the  affirmative — yeas  19.  nays  l(j. 

>::  i.:  i}:  ij:  ^  ;■:  :;: 

A  motion  was  made,  by  Mr.  Smith,  of  Maryland,  to  strike  out  the 
fiftli  section  of  the  bill :  and,  on  motion,  the  Senate  adjourned. 


Wednesday,  February  3. 

On  motion,  by  Mr.  Anderson,  the  Senate  resumed,  as  in  Connnit- 
tee  of  the  Whole,  the  consideration  of  the  bill  authorizing  the  Presi- 
dent of  the  United  States  to  take  possession  of  a  tract  of  country 
lying  south  of  the  Mississippi  Territory  and  of  the  State  of  Georgia, 
and  for  other  purposes;  together  with  the  motion  to  strike  out  the 
fifth  section:  and  Mr.  Gaiij.aed  was  requested  to  take  the  Chair. 

Whercui^on.  Mr.  S.Arrrii,  of  Maryland,  withdrew  his  motion  to 
strike  out  the  fifth  section  of  the  bill. 

A  motion  was  made,  by  Mr.  Campbell,  of  Ohio,  to  insert,  in  lieu 
of  the  second  section  stricken  out,  the  following: 

"And  he  it  further  cmtcted,  That,  if  hostilities  shall  be  comnjitted  by  the 
Spanish  nation,  its  eolonles.  or  dependencies,  against  the  United  States,  or  if 
it  shall  be  ascertained,  to  the  satisfaction  of  the  President  of  the  United  States, 
that  the  safety  and  security  of  the  United  States,  or  any  part  thereof,  are  in 
ijnndnent  danirer  from  the  Spanish  aiiilmiji i(;s  in  Kast  Florida,  and  in  that 
part  of  West  Florida  lying  east  of  the  river  I'erdido,  the  President  of  the  United 
States  is  hereby  authorized  1o  occupy  the  said  provinces,  or  any  part  thereof., 
including  Amelia   Island." 

Whereupon,  a  n:iotion  was  made,  by  Mr.  Uradlky,  to  amend  the 
juoposed  section,  by  inserting  after  the  word  "that."  in  the  first 


41 

line,  the  following  words:  "upon  the  troops  of  the  United  States 
being  withdrawn  from  the  province  of  East  Florida." 

And  a  motion  was  made,  b}^  Mi*.  Pope,  that  the  further  considera- 
tion of  the  bill  be  postponed  to  tlie  first  Monday  in  June  next :  and  i( 
was  deter-mined  in  tlio  ncn-ntive — yeas  10.  nays  IT. 

*  :;:  :::  *  :!:  ;!:  :•- 

On  the  question,  to  agree  to  the  motion  for  amendment  to  the 
amendment,  it  was  determined  in  tlie  negative-  -the  Semite  beini:- 
equally  divided,  yeas  17,  nays  17. 

*  :!:  :;:  K-  rk  -^  ij: 

On  the  question,  to  agree  to  the  motion  for  amending  tiie  second 
section,  it  was  doteiniined  in  the  negative — yeas  14.  nays  20. 

On  motion,  it  \va>  agreed  to  strike  out  the  fifth  section  of  the  bill. 

On  the  qne.stion.  Shall  the  bill  be  engro.ssed  and  read  a  third  time 
as  amended?  it  was  determined  in  the  necrative. 


Friday,  February  o. 


The  bill  authorizing  the  President  of  the  United  States  to  take 
possession  of  a  tract  of  country  lying  south  of  the  Mississippi  Terri- 
tory and  of  the  State  of  (xeorgia.  and  for  other  purposes,  was  re- 
ported by  the  committee  correctly  engrossed:  and  the  bill  was  re;id 
the  third  time. 

On  motion,  b,y  Mr.  Anderson,  it  \\a<  asTreed  to  fill  the  blank  with 

the  words  "  twenty  thousand." 

On  the  question.  Shall  this  l)ill  pass?  it  was  determined  in  the  af- 
firmative— yeas  22,  nays  11. 

*  *  ::=  *  ::.-  *  ::•- 

So  it  was  Resolved^  That  the  bill  do  pass:  and.  on  motion,  it  was 
agreed  that  the  title  thereof  be  "  An  act  authorizing  the  President  of 
the  United  States  to  take  possession  of  a  tract  of  country  lying  south 
of  the  Mississipj^i  Territory  and  Avc'^t  of  the  river  Perdido." 

On  motion,  by  Mr.  Anderson. 

Resolved,  That  a  committee  be  appointed,  to  consist  of  two  mem- 
bers, to  carry  the  said  bill  to  the  House  of  Eepresentatives  and  ask 
their  concurrence  therein. 

Ordered.  That  Messrs.  Anderson  and  Bradley  be  the  committee. 

The  Senate  resumed  the  consideration  of  the  motion  submitted 
the  27th  of  January,  to  print  certain  docun\ents :  and.  after  debate, 
on  motion,  the  Senate  adjoui'ued. 


42 
Monday,  February  8. 


■? 


On  motion.  Ordered^  That  Mr.  Dana  be  of  the  committee  ap- 
pointed the  5th  instant,  to  carry  a  confidential  bill  to  the  House  of 
Representatives,  in  place  of  Mr.  Bradley,  absent. 


Tuesday,  February  9. 

The  following  confidential  message  was  received  from  the  House 
of  Representatives,  by  Messrs.  Trout  and  Robertson,  two  of  their 
members;  Mr.  Troup,  chairman: 

Mr.  President:  The  House  of  Representatives  have  passed  the 
bill  sent  from  the  Senate,  entitled  "  An  act  authorizing  the  Presi- 
dent of  the  United  States  to  take  possession  of  a  tract  of  country 
lying  south  of  the  Mississippi  Territory  and  west  of  the  river  Per- 
dido." 

And  the  Senate  then  adjourned. 


Thursday,    February    11. 

Mr.  Campbell,  of  Ohio,  from  the  committee,  reported  the  bill, 
entitled  "An  act  authorizing  the  President  of  the  United  States 
to  take  possession  of  a  tract  of  country  lying  south  of  the  Missis- 
sippi Territory  and  west  of  the  river  Perdido,"  duly  enrolled. 

The  following  message  was  received  from  the  House  of  Repre- 
sentatives, bj'  Messrs.  Crawford  and  Goodwin,  two  of  their  mem- 
bers; Mr.  Crawford,  chairman: 

Mr.  President:  The  Speaker  of  the  House  of  Representatives  hav- 
ing signed  an  enrolled  bill,  we  are  directed  to  bring  it  to  the  Senate 
for  the  signature  of  their  President. 

The  President  signed  the  enrolled  bill  last  reported  to  have  been 
examined,  and  it  was  delivered  to  the  committee,  to  be  laid  before 
the  President  of  the  United  States. 


Saturday,  February  13. 

Mr.  Campbell,  of  Ohio,  from  the  committee,  reported  that  they 
yesterday  laid  before  the  President  of  the  United  States  the  en- 
rolled bill,  entitled,  "An  act  authorizing  the  President  of  the 
United  States  to  take  possession  of  a  tract  of  country  lying  south 
of  the  Mississippi  Territory  and  west  of  the  river  Perdido." 


43 

The  following  Message  was  received  from  the  Pkksident  or  the 
United  States: 

Mr.  President:  The  President  of  the  United  States  did,  on  the 
12th  instant,  approve  and  sign  "  An  act  authorizing  the  President 
of  the  United  States  to  take  possession  of  a  tract  of  country  lying 
south  of  the  Mississippi  Territory  and  west  of  the  river  Perdido." 

Ordered^  That  the  Secretary  communicate  this  information  to  the 
House  of  Representatives. 

On  motion,  the  Senate  adjourned. 


Tuesday,  February  16. 

The  Senate  resumed  the  consideration  of  the  motion  submitted 
by  Mr.  Horsey  on  the  27th  of  January,  to  remove  the  injunction 
of  secrecy  from  certain  papers;  and,  on  motion,  it  was  agreed  to 
amend  the  same  to  read  as  follows: 

Re^olved^  That  the  injunction  of  secrecy  in  relation  to  the  paper 
marked  A,  communicated  in  the  President's  Message  of  the  26th 
instant,  be,  and  the  same  is  hereby,  removed.  , 

On  the  question,  to  agree  to  the  motion  as  amended,  the  Senate 
being  equally  divided,  it  was  determined  in  the  negative — yeas  16, 
nays  16. 

On  motion,  the  Senate  adjourned. 

Thursday,  February  18. 

The  following  Message  was  received  from  the  President  of  the 
United  States: 

To  the  Senate  of  the  United  States: 

I  transmit  to  the  Senate  a  report  of  the  Secretary  of  State,  comply- 
ing with  their  resolution  of  the  18th  of  January,  1813. 

James  Madison. 
February  18,  1813. 

The  Message  and  documents  therein  referred  to  were  read. 


44 

PROCEEDINGS  AND  DEBATES  OB^  THE  HOUSE  OF  KEPRRSENTATlVES 

OF  THE  UNITED  STATES. 

AT  THE  SECOND  SESSION  OF  THE  TWELFTH  CONGEESS,  BEGUN  AT  THE  CITY  OF  WASH- 
INGTON,   MONDAY,   NOVEMBER   2,    1812. 

[Extract  from  i)p.  1015.  1016.  of  Annals  of  Congress,  vol.  25.] 


Monday,  Febru.vky  8  (1818). 

:)e  *  *  *  *  *  *       , 

A  message  from  the  Senate  was  aiinoujiced,  of  a  confidential  nature. 
The  House  was  accordingly  cleared  of  all  strangers,  and  remained 
in  secret  session  for  two  or  three  hours.  When  the  doors  were 
opened,     *     *     *, 

(Extract  from  p.  1015.  op.  cit.) 


Wednesday,  February  17  (1813). 

*  -A:  *  *  ,  *  *  * 

A  communication  of  a  coivfidential  nature  was  announced  from  the 
Senate :  On  which,  the  House  was  cleared  of  all  persons,  except  the 
Members  and  officers  of  the  House,  and  the  doors  were  closed,  and 
after  remaining  so  for  some  time,  they  were  again  opened ;  and  the 
House  adjourned. 

(Extract  from  p.  1079,  op.  cit.) 

o 


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